Question:

Can one go to jail, or be prosecuted for stripping their home of it's contents just prior to foreclosure?

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Here's the story. I have some relatives whose home was being foreclosed on. The husband stripped it of everything last month. Cabinets, toilets, door frames, vinyl fencing, appliances, AC units, copper from AC. He even took the pool cage for the recycled aluminum value. Since then , the husband and wife has split up, and the wife is fearful that she can prosecuted because obviously her name is on the deed as well. I have never heard of case in which the owners were prosecuted for these type of actions, but at the same time, I can understand her fear. Does anyone have any more knowledge of a case like this? Thanks.

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  1. Interesting question since it is my understanding that many of these foreclosed houses are then occupied by squatters since the banks tend not to follow up too closely - too busy chasing the paper I suppose?


  2. Of course. They will be liable for damages. The mortgage was on the complete house.

    Actually, they will be responsible for the difference between what they owe on the house and the price the bank will get for it. They have put themselves much deeper in debt.

  3. Yup, it's a form of fraud.

    The wife may get off if she can show it was all hubby's idea.

  4. First off that's a childish thing to do. They are deadbeats from what you described. Why get mad and trash the place just b/c you can't pay your bills and take care of your responsiblitities. They ahve themselves to be upset wtih, not the banks. As for legal trouble, if it was done before it changed ownership probably not, if after then yes. The banks have good lawyers and money to fight cases though so if they want to come after you they can and will.

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