[CLBS] evictions/personal property

[Ford Elsaesser]

I think you client can sell under a storage lien after publication and without a court order-ford

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of David Ballard
Sent: Monday, February 23, 2015 3:51 PM
To: cldlaw at gmail.com; CLBS at admws.idaho.gov
Subject: Re: [CLBS] evictions/personal property

Katie,

	I am assuming that you have a judgment and that you are executing on the personal property to recover costs.  If so, you might explore with the Sheriff if he will install a keeper (to maintain the property) pending the execution sale.

David G. Ballard
Law Office of David G. Ballard
PO Box 935
Meridian, Idaho 83680

Telephone:	208-859-0922

Email:		david at lawballard.biz

Website:	www.lawballard.biz

LinkedIn:	www.linkedin.com/in/lawballard

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea
Sent: Monday, February 23, 2015 4:44 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] evictions/personal property

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 

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