[CLBS] evictions/personal property

[D. Blair Clark]

I'd agree with David except that the foreclosure sale was a non-judicial
sale.  Your problem is that you don't have a judgment.  And there's a nasty
Idaho case called Corliss v. Wenner, 136 Idaho 417, 34 P.3d 1100, 2001 Ida.
App. LEXIS 79 (Idaho Ct. App. 2001) which says that your client, the
property owner, has a superior right to the personal property found on his
property (the case involved buried gold coins) EXCEPT as to the true owner.
There's a good discussion about abandoned property and the other types, but
there's also a statement that the landowner may have an obligation to guard
the personal property for the true owner.  That could impose a liability on
your client, then.  I'd think seriously about filing a suit in the eviction
also asking that the personal property be deemed abandoned.  See Sloan v.
Gillingham, 2011 Ida. App. Unpub. LEXIS 244 | 2011 WL 11037658.  Might be
able to find the slip opinion in the Court's website.  But I wouldn't throw
anything out until I had something that said I could do so. 

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of David Ballard
Sent: Monday, February 23, 2015 4:51 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

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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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