# Trash outs... Freak u out at all?!!



## DueyCheatem&HoweLLC (Feb 28, 2014)

We currently don't trash out with our main contracts.. But it looks like that will be changing soon. I'm sorta freaked out about the liability... These clients same remove it all.. But not personal property... But ya, ( remove it all ) uhhhm wtf?! How do you guys handle?


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## Splinterpicker (Apr 18, 2012)

Duey said:


> We currently don't trash out with our main contracts.. But it looks like that will be changing soon. I'm sorta freaked out about the liability... These clients same remove it all.. But not personal property... But ya, ( remove it all ) uhhhm wtf?! How do you guys handle?


Try NO GET them to fall on their sword... *Ask them for a definition of personal property in an Email.* It was once told to me from FAS that ANY THING YES ANYTHING purchased was personal property. With that said There has to be some common sense but not too much I have herd horror stories like a mason jar worth 5K to t he former owners cuz it was aunt maybelles that she had since she came over on the mayflower OR a couch you would not let your dog sleep on worth 10K. Bottom line ask the REO company to tell you what is personals and if they are reluctant use EXTREME caution. AND BACK UP ALL PICTURES and BE DETAILED ! I URGE THIS HEAVILY got me outta the noose more than once !


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## hammerhead (Apr 26, 2012)

Duey said:


> We currently don't trash out with our main contracts.. But it looks like that will be changing soon. I'm sorta freaked out about the liability... These clients same remove it all.. But not personal property... But ya, ( remove it all ) uhhhm wtf?! How do you guys handle?


just dump it all and make money. BOOM

Sorry just had to :yes:


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## foothillsco (Nov 8, 2012)

Duey said:


> We currently don't trash out with our main contracts.. But it looks like that will be changing soon. I'm sorta freaked out about the liability... These clients same remove it all.. But not personal property... But ya, ( remove it all ) uhhhm wtf?! How do you guys handle?


Trash outs are easy. If it's borderline, leave everything, let them decide what is personal and what isn't.

No matter what, if a former tenant complains about losing something valuable, even though you were approved to trash it out, your probably liable. Just the business we are in.


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## mtmtnman (May 1, 2012)

Know your state laws. 5 Children was notorious for trashing out PRE-SALE. I turned down a LOT of TO's with then due to this. If any question find out if the property has TRULY went to sale or not. I can look it up in public records here. On an reo HERE after it's been posted for 15 days it's trash. Your results may vary...........


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## DueyCheatem&HoweLLC (Feb 28, 2014)

I had a company yesterday calling us to recruit. He told me they expect all contractors to repair roofs, electric and plumbing.. I asked if all their contractors are licensed and he said no. So I explained that it was a state law to be licensed and if he makes sure that all his contracted ppl are licensed. The. He said yes. I then laughed loudly.. Yea a friggin licensed electrician-plumber schleps around for you for nothing... PUUUH-LEEESE


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## DueyCheatem&HoweLLC (Feb 28, 2014)

Puuuuhhhleeeeeeze! Boom haha


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## Gypsos (Apr 30, 2012)

Duey said:


> I had a company yesterday calling us to recruit. He told me they expect all contractors to repair roofs, electric and plumbing.. I asked if all their contractors are licensed and he said no. So I explained that it was a state law to be licensed and if he makes sure that all his contracted ppl are licensed. The. He said yes. I then laughed loudly.. Yea a friggin licensed electrician-plumber schleps around for you for nothing... PUUUH-LEEESE


Had that conversation with US Best about a year ago. They told me it was no big deal and since eveyone was doing it I should have no problems.


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## npm (Nov 14, 2012)

Just settled a lawsuit over "personal property" it was the service companies neglect of not reading an email and never notified my company. My insurance still paid a small amount. The case took approx 18 months. 

Now everything is "personal property" in my opinion unless it's food or hazardous materials. Not my job to classify what's "junk" or "personal"


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## STARBABY (Apr 12, 2012)

npm said:


> Just settled a lawsuit over "personal property" it was the service companies neglect of not reading an email and never notified my company. My insurance still paid a small amount. The case took approx 18 months.
> 
> Now everything is "personal property" in my opinion unless it's food or hazardous materials. Not my job to classify what's "junk" or "personal"


I do the same!


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## BamaPPC (May 7, 2012)

I'm really picky when it comes to trash outs. Most work orders will have a personal property threshold. Let's say it's 500 , if it's anywhere close, we leave everything and submit bids. Then let the client decide. 

And, the condition of the stuff that's there. Is it piled up next to the door? Neat stack in the garage? It gets alot more valuable if it's not scattered everywhere. Real dollar value or not. Best advice, err on the side of caution. It's not worth the few hundred dollars to be involved in a lawsuit that could cost you thousands.


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## honyocktrapper (Feb 9, 2014)

hammerhead said:


> just dump it all and make money. BOOM
> 
> Sorry just had to :yes:


 Sorry, don't just dump it. They will get you for it and not pay you for it. Money out of your pocket. You MUST get clarification on email (your proof) save your email. Do not do the job until you have this proof-HEAR ME! 

As far as I'm concerned it's all personal property if they purchased it, but that is not how the bank see's it. I've had work orders like that also - Please get proof clarification.


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## GTX63 (Apr 12, 2012)

If they feel there are personals in the pile, they should be ordering an eviction. That removes the burden from you. After that they send you an order. That is why they have attorneys, or so I thought.


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## iron moe (Sep 30, 2012)

after the banks takes control of the house any thing there left after 30 days is the bank, the bank has the right to trash all of it and the owner has no legal right to it. check your laws but its pretty much the same all over.


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## BRADSConst (Oct 2, 2012)

iron moe said:


> after the banks takes control of the house any thing there left after 30 days is the bank, the bank has the right to trash all of it and the owner has no legal right to it. check your laws but its pretty much the same all over.


That's not true here. It doesn't matter when the bank takes control, it matters when the sheriff does an eviction. 30 days after the eviction it is then able to be deemed trash. Extremely important to know the local laws.


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## foothillsco (Nov 8, 2012)

iron moe said:


> after the banks takes control of the house any thing there left after 30 days is the bank, the bank has the right to trash all of it and the owner has no legal right to it. check your laws but its pretty much the same all over.


I don't know of one state that allows this. If there is a personal property inside, the owner has a right to get it until they are evicted. Doesn't matter if they haven't been inside in 2 years, if they have a beat up NU Cornhuskers statue made of porcelain, and you throw it away, they have a right to get an appraisal and you pay for the appraisal and the damn cornhusker statue. True story.


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## PropPresPro (Apr 12, 2012)

foothillsco said:


> I don't know of one state that allows this. If there is a personal property inside, the owner has a right to get it until they are evicted. Doesn't matter if they haven't been inside in 2 years, if they have a beat up NU Cornhuskers statue made of porcelain, and you throw it away, they have a right to get an appraisal and you pay for the appraisal and the damn cornhusker statue. True story.


 
Well. . . partially true.

Each state has "right of redemption" laws when it comes to personals left at a foreclosed property. There is a time limit in every state in the union. To protect yourself, you need to research & know the right of redemption law in the states you perform trashouts in.


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## honyocktrapper (Feb 9, 2014)

iron moe said:


> after the banks takes control of the house any thing there left after 30 days is the bank, the bank has the right to trash all of it and the owner has no legal right to it. check your laws but its pretty much the same all over.


 That's not true here either, The ONLY right the bank has is to Preserve the property until after the time of redemption....... They can remove the hazards, NO personals.


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## GTX63 (Apr 12, 2012)

Regardless of the laws in your state, which you should still be familiar with, be mindful that you are still at the mercy of your client and the lender and what they feel is justified, no matter what you believe the right thing is.

Several years ago we had a trashout order from FAS for a property about 50 miles from the office. Never been there before. Sent a crew, they photo everything beforehand. There is nothing to be seen of value. One of those houses where there is enough dog hair on the floor to make a coat and pair of pants.

There was a refrigerator in the dirt floor garage. It was painted rattle can silver and covered in decals, the door had a dent, the back was covered with hair and lint, and the inside of full of months old rotted meat. A gas stove (the house was all electric) sat next to it with no burner grates or broiler door. A local realtor (not the listing agent) gave some prospective buyers the lockbox code and told them to swing by for a look see. They barged in while the guys were in the middle of the job, would not leave, and started listing crap they wanted left behind. My foreman called FAS from site; since these people hadn't submitted an offer or put anything on paper, we were to continue. You guessed it, about 45 days later, we got billed for a new 18 cf fridge and a nice new white GE stove. That is the thumbnail version.
We have been billed for missing items in the neighbors yard across the street before.
How can that be? Well, because no system is fool proof when it is run by fools.


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## mille63 (Mar 20, 2014)

Personal property has a very clear definition, especially in the realm of real estate. Personal property is anything that is not real property (as in "real estate") and includes anything that is not typically part of the house or typically attached to the house (kitchen and laundry appliances, light fixtures, etc. are real property in most cases; curtains and wall-hanging art are personal property). 

I wouldn't expect anyone who is not a licensed real estate professional to know the difference in all cases. Therefore, before a national busts anyone's chops for not removing everything that is personal property, it might be a good idea for them to educate and train their contractors.


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