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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Q re Fixtures Removed by Owner; Police Report? Ins Claim? Posted by J on May 07, 2008 at 12:57 AM I think I know the answers to my own questions but I figured it wouldn't hurt to bounce it off people before I file a police report or insurance claim. So I won the auction for a property at the Trustee Sale by the First. The prior owner asked to stay in the home for 6 days. She left on the 6th day, she handed the keys over to my locksmith, and then he changed the locks. Here's the problem. She and her ex husband apparently don't understand the law of fixtures or just don't care. They took the following things which I think are fixtures: 1) The husband took the Viking wine refrigerator which was installed into the kitchen island, under a granite countertop and between maple cabinets. Now there's a huge gaping hole under the island. I questioned the wife and her response was "It's his because he paid for it." (The original builder inluded a wine fridge in 2001 but it broke and this is the one they installed, so she felt it was theirs.) I think it was a fixture just like the dishwasher. They won't budge. It's a $2,400 item, plus tax, delivery and installation. Not cheap. 2) The wife took 6 ceiling fans/lights and left holes in the ceiling. I know that some or all were Casablancas from the empty boxes left in the attic. 3) The wife took almost every one of the blinds. We're talking somthing in excess of 25 sets of blinds. There are now holes in the walls and doors where they were screwed in and the windows are bare. She even took the curtain rods. 4) The two story entry foyer had a wrought iron chandelier hanging on a chain. She pulled it over to the banister, bent the chain open and cut the wire, taking the chandelier. 5) One of them removed the whole house water softening system. There are now open pipes just hanging there in the garage. Thankfully the valves were shut when I had the water turned back on. Correct me if I'm wrong, but wouldn't all of these things be considered fixtures? The husband apparently moved out of state a while ago (he just showed up to take stuff) and the wife is still in town, but I don't believe that she will return anything. Emotionally, she thinks that anything the builder didn't install in 2001 is hers and she can remove it. So, under these circumstances, would you file a police report and make a claim to homeowners insurance? I had coverage lined up and I had it started within minutes of winning the auction. I figure it's at least $8,000 worth of stuff, plus tax and installation. I'm sure my carrier would not be happy to get a claim in the first week of coverage, but that's what it's there for. Also, it's not a repeatable claim since the house is now in my possession and the locks are changed. The carrier says that they do not raise rates based on claims, but they do non-renew if they think losses will be repeatable. The carrier is AAA of SoCal. I've had coverage with them for 16 years. What do you think? I got a screaming deal on the house, but stripping these items (and in this price range) was really crappy on their part. p.s. They also removed built in ceiling speakers for their home theater system and left 1 foot holes in the family room ceiling. Also removed the built in ceiling projector and left a hole. I don't have any desire to use those components they took (I have nicer stuff), but the fact that they left two 1 foot holes in the ceiling shows that they don't see any of this as a problem. Follow Ups: Welcome to the real world of foreclosures Tom 1:14 PM, 05/07/08 (3) Re: Welcome to the real world of foreclosures J 1:36 PM, 05/07/08 (2) Re: Welcome to the real world of foreclosures Tom 9:37 AM, 05/08/08 (0) So, why then did you buy the insurance for? Rick, the Probate Guy 2:30 PM, 05/07/08 (0) Post a Followup: Name : E-Mail : Subject : Comments: : I think I know the answers to my own questions but I figured it wouldn't hurt to bounce it off people before I file a police report or insurance claim. : So I won the auction for a property at the Trustee Sale by the First. The prior owner asked to stay in the home for 6 days. She left on the 6th day, she handed the keys over to my locksmith, and then he changed the locks. : Here's the problem. She and her ex husband apparently don't understand the law of fixtures or just don't care. They took the following things which I think are fixtures: : 1) The husband took the Viking wine refrigerator which was installed into the kitchen island, under a granite countertop and between maple cabinets. Now there's a huge gaping hole under the island. I questioned the wife and her response was "It's his because he paid for it." (The original builder inluded a wine fridge in 2001 but it broke and this is the one they installed, so she felt it was theirs.) I think it was a fixture just like the dishwasher. They won't budge. It's a $2,400 item, plus tax, delivery and installation. Not cheap. : 2) The wife took 6 ceiling fans/lights and left holes in the ceiling. I know that some or all were Casablancas from the empty boxes left in the attic. : 3) The wife took almost every one of the blinds. We're talking somthing in excess of 25 sets of blinds. There are now holes in the walls and doors where they were screwed in and the windows are bare. She even took the curtain rods. : 4) The two story entry foyer had a wrought iron chandelier hanging on a chain. She pulled it over to the banister, bent the chain open and cut the wire, taking the chandelier. : 5) One of them removed the whole house water softening system. There are now open pipes just hanging there in the garage. Thankfully the valves were shut when I had the water turned back on. : Correct me if I'm wrong, but wouldn't all of these things be considered fixtures? The husband apparently moved out of state a while ago (he just showed up to take stuff) and the wife is still in town, but I don't believe that she will return anything. Emotionally, she thinks that anything the builder didn't install in 2001 is hers and she can remove it. : So, under these circumstances, would you file a police report and make a claim to homeowners insurance? I had coverage lined up and I had it started within minutes of winning the auction. I figure it's at least $8,000 worth of stuff, plus tax and installation. I'm sure my carrier would not be happy to get a claim in the first week of coverage, but that's what it's there for. Also, it's not a repeatable claim since the house is now in my possession and the locks are changed. The carrier says that they do not raise rates based on claims, but they do non-renew if they think losses will be repeatable. The carrier is AAA of SoCal. I've had coverage with them for 16 years. : What do you think? I got a screaming deal on the house, but stripping these items (and in this price range) was really crappy on their part. : p.s. They also removed built in ceiling speakers for their home theater system and left 1 foot holes in the family room ceiling. Also removed the built in ceiling projector and left a hole. I don't have any desire to use those components they took (I have nicer stuff), but the fact that they left two 1 foot holes in the ceiling shows that they don't see any of this as a problem. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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