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Jay-T Jay-T is offline
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Default Garage door legal question.

I am not sure, but I think that California is one of only a few states that
do not permit lenders to get a deficiency judgment against the debtor after
a foreclosure on a primary residence mortgage. If that is correct, the bank
cannot come after you for the difference between what they get from the
Sheriff's sale or foreclosure and the actual balance due on the mortgage.

About the garage door..., I think that would be considered part of the
structure of the building, just like the walls,ceilings, floors, etc. would
be. If so, the bank could probably come after you for taking the garage
door, just like they could if you took a wall, ceiling, or floor. There is
a technique that some investors use called "component depreciation" where
they can legally depreciate non-structure items (toilets, gutters,
downspouts, etc.) over a shorter term on their tax returns -- then they
depreciate the rest of the structure over 27 years. But, I think garage
doors may not be one of the components that can be depreciated over a
shorter term than the structure itself.

Since the house is apparently upside on the mortgage, and you probably have
other dischargeable debts, have you looked into just filing a Chapter 7
bankruptcy? Many (most?) bankruptcy attorneys provide a free initial
consultation. You may want to do 2 or 3 such consultations before deciding
what your best options are.

There is a Yahoo Group called Bankruptcy_Talk that you may want to join and
post your questions there.

"Steve" wrote in message
...

Hi everyone. We will be walking out of our house shortly in CA. I am
selling
everything that can be remove and one of the item is the garage door which
I
paid for about over two years ago. Is there any legal issure with the
bank
after we walk out?

Thanks