[CLBS] evictions/personal property

[Catherine Dullea]

Dear List Mates:

I conducted a non-judicial foreclosure about 4 months ago.  The property is
a 1/2-acre parcel and includes a 4000 square foot building.  The property
and the building are completely full of old automobiles & trucks, equipment,
engine blocks, etc.  I brought an eviction and asked the judge to let my
client take possession and dispose of the personal property because the
former owner has done absolutely nothing and indicates he cannot afford to
move the stuff, even though he had about 1.5 years from the time we started
foreclosure (2 unsuccessful chapter 13s intervened) until now in which to
sell the property and the junk.  If we have the Sheriff take possession of
the personal property and have it moved, my client has to pay a
licensed/bonded mover and for the storage.  I'm waiting on an estimate but
it will be very ugly.  My argument is that the former owner has essentially
abandoned the personal property, but the judge wants authority and from my
research, there isn't any.  

 

Any brilliant ideas would be most appreciated.  

--Katie