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We bought a condo with no AC & had one installed. Can we get in trouble for taking it after condo was foreclosed?

We bought a condo with no AC & had one installed. Can we get in trouble for taking it after condo was foreclosed?

Hello,

My husband bought his condo 9 yrs ago & there was no AC in it when he bought it. He bought an inexpensive used one & installed it but it went out a couple years later so he bought a new one & had it installed.

I met him shortly after that & I moved in with him & we got married. He got laid off shortly after & he was in the middle of loan modification with Bank of America right after they bought out Country Wide & he signed loan modification papers but his condo had already been illegally foreclosed on and sold 2 weeks before. We filed a complaint with the Arizona Atty General & received a check from a class action lawsuit from the country wide settlement funds & the sheriff posted a writ for force able detainer & we moved directly across from the foreclosed condo in the same complex.

The AC in this condo had a bad compressor & did not work at all so we took the AC my husband had bought & installed it in this condo. We also took all the appliances from the kitchen because my husband also bought all those because his condo didn't have any when he bought it. Before we did this, I called the Sheriff's office & informed them that we were doing this. They said as long as we didn't break in or cause damage it shouldn't be a problem.

About 2 months later, the Realtor for the foreclosed condo came by, since we live directly across from it we could see her & she had a police officer with her & she was showing him where the AC used to be outside the condo. We didn't say anything because we were scared. About a week later, while out of town visiting family, we get a call on our cell phone from a detective asking if we lived at the condo across from the foreclosed one (he didn't say that, he recited the actual address) I responded yes & he told me he was at our house right now & how long would it take me to get there? & could I be there in 30 min? I told him no, that we were out of town & he then asked me if anyone else lived in the unit with us & i said yes & he asked for names & i told him how do i know this is really a police officer & that i wasn't comfortable just giving out peoples names & where they live & can i ask what this was about & he wouldn't tell me.

I asked if this was not an emergency, could i get back with him when i return & he said it IS an emergency, & i asked, "Is something wrong with our house?" & he said, "yes, there is something wrong with your house & you need to come home & talk to me" he gave me the police dept phone number & told me to call it right back & ask for him so i did & his phone rang 3 times without an answer then my phone went dead. I charged it & when it came back on there was a text message from him telling me to call the police dept & ask for him asap! I replied to the text telling him my phone died & that i wouldn't be home til Monday, he didn't reply, but the following day he sent another text message telling me i need to call him & left the police dept phone number.

My reception on the cell phone was awful so i decided i would just call when we got home. Our live in sitter sent me a text telling me there was a business card on the door from a detective from the criminal investigations dept. I believe a neighbor must have seen my husband taking the unit from the foreclosed condo & saw him installing it at the condo we moved into & called the Realtor, because how else would they know we had taken the AC?

My question is, are we in trouble? I thought since there was no AC when my husband bought the place & purchased it with his own money & then got illegally foreclosed on that he had a right to take it, i doubt they were including the appliances because those are not fixtures that are connected to the building & don't make the house unlivable if missing. I realize the AC does, but like I said, the condo didn't have AC to begin with, i don't know why, maybe it was stolen by the previous owner who was foreclosed on. All I know is that this detective is hounding us while we are on vacation & doesn't want to accept that we are out of town & not available til Monday. Can we get in trouble for calling him til we get back? And can we be charged or arrested for taking the AC? Thank you for your time. We are very nervous & didn't think we could get in trouble for this. I appreciate your knowledgeable opinion.

Thank you very much


ginageez1's picture
ginageez1
22-09-2011

2 Answers
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1
Hi ginageez! Welcome to forums! I can understand how you must be feeling!! But it will be better if you could contact an attorney asap regarding your situation and take his opinion in this matter. In case you don't take the right legal actions on time, you might be in trouble. Feel free to ask if you've further queries. Sussane

smith.sussane | Asked on 2011-09-22


1
ok thank you for the advice. I thought by retaining or consulting with an attorney, it would appear to the detective that we believed we had done something illegal. Just because we envoke our right to consult with an atty, doesn't neccessarily mean we are admitting guilt does it? We had no idea that we did anything illegal until we received a call from the detective and now it has me worried. If we were found to have committed a crime, would there be a judgment against us? as in a civil matter or would this be considered criminal? We really don't understand how taking something that wasn't there when my husband purchased the place could be a crime. Afterall, he paid for it out of his own pocket so why should the bank be allowed to keep it? Especially since they illegally foreclosed while negotiating loan modification. If anything, their actions should be the ones considered criminal, not ours. Have you ever heard of a homeowner in foreclosure being convicted for taking something from the home that wasn't there when they bought it, that they, themselves have paid for, and took it when they left? We're curious if there are actual caselaws out there?   Thank you for your response, we appreciate it very much.

ginageez1 | Asked on 2011-09-23

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