My view is along the same lines as the Surprise PD/lenders is that you don't really own real property (attached fixtures) considering the bank's collateral for the loan is "real property"
on the other hand I don't blame the guy for taking appliances and things he may have bought himself or upgraded, but c'mon the air handler? a little overboard!
I left a home earlier last month as it was a short sale. This person stripped everything. Light Fixtures, outlets, communication center, cabinets in kitchen, bathroom vanities, paddle fans, A/C system. What was interesting is that every electrical part that was taken he did a real nice job. It was a clean cut and wire nutted off. Come to find out the guy was a contractor that built another home just like in another part of the state.
Oh I fogot he also took the toilets and rolled up carpet and pad.
I am suprised that it has not happened more often!
It has ALWAYS been against the law. The law that covers this is (I can not site the actual wording) the law that states the homeowner must do everything possible to PREVENT WASTE.
It is under this statue that a lot of homes get taken by the authorities because the homeowner should have known that their renter was creating waste on the property by their illegal activities. This same statue has not often been used to prosecute the previous homeowner who wasted the house prior to a sale. I believe this is because the new homeowner does not want to chance the house being conficated under the same law that they are using to prosecute the previous homeowner.
It could be a double-edged law, but I am glad to see the previous homeowner held as a responsible party.
Any required responsibility in todays society is a good thing.
Actually the homeowner can do what ever he wants until being served foreclosure sale notice by the sheriff (bank or mortgage co). After that if anything was removed or damaged he could be charged with criminal vandalism, theft, or damage. Although he would have 6 months to make back payments and take the property back if he could. Normally, they are just digging a hole for themselves when the damage or take things because the devalued home just means more that he owes the bank.
here is some of the types of "waste" as defined by legal law that the homeowner is required to prevent at all times. Not just after being served. While the owner of a property you are required to prevent waste to your property and can be arrested for ignoring or causing such waste.
waste definition
n
Permanent harm done to real property by a person or persons in legal possession of that property (such as a tenant), such that the propertyÂ’s value to its actual owner or future inheritor is diminished. The legal possession part is critical in distinguishing waste from trespass.
ameliorating waste
An unauthorized physical change of an occupied structure by a tenant that, while technically waste, actually increases the value of the property, such as tearing out old carpeting and putting in new, better quality carpeting. Such an act is rarely considered grounds for liability.
equitable waste
Damage done by a lifelong tenant who normally would be unchallengeable, but who may be enjoined by the court using the standard of variance from what a prudent man would do with his own property.
hazardous waste
By-product of certain industries or activities, determined to be of unusually dangerous nature, e.g., radioactive waste, generally subject to special rules of disposable and/or recycling.
permissive waste
Damage done by a tenant failure to make reasonable repairs that he might normally be expected to see to, such as allowing water to accumulate in a leaky basement over the course of years.
voluntary waste
Damage directly caused to the property by a voluntary act of the tenant, such as filling in drainage ditches or punching a hole in the roof.
The homeowner can not do whatever he wants to!! But is rarely charged with this "waste prevention" reqirement of homeowning because usually only he knows of such waste being done.
We see this exact thing on a daily basis in property preservation - they will take anything and everything. We just did work on a house where the owner had told several day laborers he had hired that he was walking away from the house and they could have anything they wanted. They took everything - all cabinets, toilets, sinks, front and back doors, the deck on the side of the house and even the light switches and outlets. At another house a tenant who was receiving a CFK settlement to move out decided to dig up a tree he planted and cut into a gas line. PG & E had to block a section of the neighborhood off to get it under control. What a mess.
By the way, one "investor" I know of posted in a public forum (NOT Bigger Pockets) basically condoning doing damage to the interior of a property right before the BPO during the shortsale process. Don't be the kind of idiot that does this and certainly don't post in a public forum that you do this. Mortgage companies file insurance claims on this kind of stuff and the insurance companies send people like me in who can tell what an investor's been up to. In case you're wondering, that's illegal too.