# Who own the "personal" property?



## New Buffalo (Dec 11, 2012)

I've been doing property preservation for some time now and I still can't figure out who actually owns the personal property inside. If there's ever anything of value could I offer to buy it? Just never really could figure it out.


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## BPWY (Apr 12, 2012)

Depends on state law.



For example in NE abandoned property can be reclaimed by the ''owner" for up to 5 years after it was abandoned. 
Even then the property is supposed to be sold and proceeds offered to the state of NE to cover any out standing taxes owed.
Finally after all of that is properly covered then its finders keepers, loosers weepers.


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## PropPresPro (Apr 12, 2012)

It's called "right of redemption". 

Research & understand what the laws are in your state BEFORE you ever accept a "trashout" work order, or you could be :hang: out to dry by the national/regional that was counting on you to do the right thing.


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## New Buffalo (Dec 11, 2012)

With all the different companies walking through these foreclosed homes and having access, I just want to make sure myself and my employees aren't held liable for missing items if the occasion ever arose. Wouldn't it be hard to claim theft in these situations? I question these things because the integrity of my company means everything to me and I don't want to put myself in that position if I don't have to.


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## Cleanupman (Nov 23, 2012)

If you have any question you need to check you local laws...Nevada has an abandon property law and after registered letters and 30 days it belongs to whomevers propertry the "personal property" is located on.....kinda of a loophole for vehicles and boats here....but you must send the Registered letter.....


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## PropPresPro (Apr 12, 2012)

New Buffalo said:


> With all the different companies walking through these foreclosed homes and having access, I just want to make sure myself and my employees aren't held liable for missing items if the occasion ever arose. Wouldn't it be hard to claim theft in these situations? I question these things because the integrity of my company means everything to me and I don't want to put myself in that position if I don't have to.


When it comes to allegations of theft, be assured that the company you are completing the work for will quickly adhere to the *"guilty - with a very slim chance of ever being proven innocent"* philosophy.

Don't no one gots your back in this industry!

BTW, Right Of Redemption in Montana is ZERO days. Once a house sells at the Sheriffs sale, all personal property is considered abandoned, and becomes the property of the new homeowner.


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## BPWY (Apr 12, 2012)

New Buffalo said:


> With all the different companies walking through these foreclosed homes and having access, I just want to make sure myself and my employees aren't held liable for missing items if the occasion ever arose. Wouldn't it be hard to claim theft in these situations? I question these things because the integrity of my company means everything to me and I don't want to put myself in that position if I don't have to.





PropPresPro said:


> When it comes to allegations of theft, be assured that the company you are completing the work for will quickly adhere to the *"guilty - with a very slim chance of ever being proven innocent"* philosophy.
> 
> Don't no one gots your back in this industry!
> .








Buffalo you are a wise man, wiser than the average P&P guy found on craigslist. 

Ask Wannabe about these things, he can tell you all about how that goes down.


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## RichR (Sep 22, 2012)

New Buffalo said:


> With all the different companies walking through these foreclosed homes and having access, I just want to make sure myself and my employees aren't held liable for missing items if the occasion ever arose. Wouldn't it be hard to claim theft in these situations? I question these things because the integrity of my company means everything to me and I don't want to put myself in that position if I don't have to.


You should be worried, as there are a couple of not so honest P&P Companys in the Western NY area. I've seen it first hand believe me! :whistling2:


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## Splinterpicker (Apr 18, 2012)

Thjere are many aspects of your question that have to be addressed. 

Yes KNOW hte LAW first and formost.
Take detailed Pictures of the property and MAKE SURE it is secured when you leave.
If there are questions about future aligations popping up LISTEN LOUD and HARD to them. Being aware and following my gut feelings It has saved my bacon to not be fried many times. 

DO the property your self because then if there is an aligation that comes up you can answer clearly and with credibility when you subponieaed for a deposition. ( this is occouring in this corner as we speak)

BACK EVERYTHING UP ON AN EXTERNAL HARD DRIVE

If you do trash it out MAKE SURE TO KEEP THE DUMP RECIPTS as proof it was disposed.

FINALLY LISTEN TO YOUR GUT FEELINGS and play it safe


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## 68W30 (Sep 8, 2012)

first Get your States Statutes . then check for local Statutes as the local will trump the states every time 

CYA and back your stuff up PICS PICS PICS, if possible when tipping at the landfill get a picture of unique items from the house IE the pink dresser that you have pics of during the loading and in the trailer then the pic as it comes off the trailer


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## Splinterpicker (Apr 18, 2012)

68W30 said:


> first Get your States Statutes . then check for local Statutes as the local will trump the states every time
> 
> CYA and back your stuff up PICS PICS PICS, if possible when tipping at the landfill get a picture of unique items from the house IE the pink dresser that you have pics of during the loading and in the trailer then the pic as it comes off the trailer


WOW you're sounding like me... A broke record


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## New Buffalo (Dec 11, 2012)

Thanks for the advice guys!! I don't really do alot of trash outs, just alot of lock changes and walk throughs for pictures. I would say its safe to assume just about anyone that ever had access to the home when something came up missing would be a victim of the blame game. I'm picking my brain at the fact that any given contractor that has a reo key or previous WO can walk into these homes and take what they please and just blame it on whoever was there last.


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## RichR (Sep 22, 2012)

Ever notice how these properties are ALWAYS unsecure with an open window or door when you get there? Oh and make sure when you ALWAYS find them with these open windows and doors on arrival you report that it to your Client and also tell them that you secured those open windows and doors on departure! Unless of coarse work is needed to secure and they didn't give approval. Just Sayin......:whistling2:


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## BPWY (Apr 12, 2012)

New Buffalo said:


> Thanks for the advice guys!! I don't really do alot of trash outs, just alot of lock changes and walk throughs for pictures. I would say its safe to assume just about anyone that ever had access to the home when something came up missing would be a victim of the blame game. I'm picking my brain at the fact that any given contractor that has a reo key or previous WO can walk into these homes and take what they please and just blame it on whoever was there last.






*You are right to be worried.*


I did the initial secure for the brothers. They sent another contractor to 2nd bid my work.
It seems that he was rather unscrupulous. He claimed that I hadn't winterized, the plumbing had broke leaving lots of damages etc etc etc.
At the same time he vandalized the property (one of the doors was kicked OUT, not in, like would happen if it was vandalized from the outside) and stole every thing from the debris that might have been remotely considered valuable. 

According to them the last guy on the sign in sheet owns the property problems.

I had to return to the property to fix the alleged plumbing problems. Turns out the guy was 100% lying about the entire thing but whose word did they believe????
Wasn't mine. I took lots of photos, I took video etc of the pressure test and lots of pics of the vandal damages and of the missing personals. According to them he didn't do the damages and he didn't take the personals, some one else was at the property but because my name was on the sign in sheet for the initial secure then I and I alone was solely responsible for the non existent plumbing damages.

Their thinking was so convoluted!!!!!!!!! I even escalated the issue to management level, its rare if they allow that to happen!!!!
It did no good, I got stuck with his lies and he got off scott free.

A few weeks later I told them to stuff it!!!!



Looking back at where I am now and what I've been thru.................. I think the only way I'd get back into P&P is to work for brokers. Where we can meet at a property or over coffee and work things out for mutual benefit. 
Not be at the mercy of unscrupulous nationals off in some far away secure place where they can make bogus and arbitrary decisions with no consequences to themselves but that can really F up the contractor's happy little world........ most of the time illegitimately.


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## 68W30 (Sep 8, 2012)

According to them the last guy on the sign in sheet owns the property problems.

What if the last person in was the home owner ? we only secure one door
for some reason I doubt they signed in 

as far as keys come on guys we all have the magic keyset i carry about 18 keycodes in my pocket and have a word doc with a mess of alpha nums codes on my phone 

and in the case mentioned above why not call the police and report it burgled? / vandalized if it wasnt you then no harm to you but its recorded in the blotter


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## BPWY (Apr 12, 2012)

I reported it to the brothers, they didn't give a _____. 



I guess they don't report. Another time a rear slider door had a rock tossed thru it and every light bulb and mirror smashed thru out............... 
don't bother reporting it and don't bid to clean up interior glass, only bid to clean up EXTERIOR glass and board the door. 
NOTHING more.

Since they didn't want the interior glass cleaned up guess where all the exterior glass went after the bid approval..................


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## GaReops (Aug 7, 2012)

I never remove abandoned vehicles from a property. To much liability. Especially in North Carolina. Seems like they make the laws as they go.


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## hammerhead (Apr 26, 2012)

sign in sheets are biggest waste of time. whats the point. if they want to know who has been in the property install game trail cameras. The results might scare them.


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## 68W30 (Sep 8, 2012)

hammerhead said:


> sign in sheets are biggest waste of time. whats the point. if they want to know who has been in the property install game trail cameras. The results might scare them.


id love some new cams i hope they do install em


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## GTX63 (Apr 12, 2012)

Sign in sheets are like new gun laws. The only affect the honest guy; the law breakers keep right on doing what they do.


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## Craigslist Hack (Jun 14, 2012)

90% of the properties we run do not have sign in sheets. Most of our competition in this area are using Craigslist Contractors that I have seen take the copper out of properties. The nationals and banks know this stuff happens and they know they can't prove who took what. Be sure to take good pics and report the property as unsecure upon arrival.

That is all you can do. Some of these people leave the stuff in hopes of collecting insurance. 

The bottom line is they should not leave it at the property if it is valuable.


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