The Nevada State Assembly introduced a bill that would allow authorities to charge a borrower with a felony if they willfully damage a home during the foreclosure process.

This is the first state that I know of that has taken such a stance. I’m sure that you all have had the experience of listing and/or showing homes that have been in various states of disrepair. It is one thing for a homeowner to remove appliances that did not originally come with the home. But many homeowners feel the need to take out their frustrations and attempt to aid their financial situation by totally gutting a home during their move out process. This bill proposes to address both.

As a short sale expert in Maricopa Arizona, I always counsel my homeowners on this issue. Although I sympathize with their situation, I also make them aware that all affixed items are supposed to remain in place per the contract. Although I have not yet experienced any malicious damage being done by my clients, it is not unusual for them to choose to remove items such as the range, dishwasher, ceiling fans and blinds.  The usual response I get from them is that they feel that, in most cases, they purchased these items seperately from the home they feel entitled to remove them.

I applaud the efforts of the Nevada legislature but I question the legality and enforceability of such a bill. That being said, at the very least it may set a precedence that will make homeowners think twice before they begin to “dismantle” their home.

http://bit.ly/f2jld4 

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