Personal Property in a Foreclosure Property

[Trent Mettenbrink]

My business partner and I bought a foreclosed property on Monday and settled the next day with the trustee of the sale.  The deed was then mailed to our home and we will file it this week.  It seemed like a cut and done deal with one little snag.  Once we were able to get into the property it is filled with personal belongings.  Not to mention garbage cans of cat and dog poop and mountains of garbage and food!  The owner fell ill and from what we understand was taken by ambulance but never returned home.  She was single and doesn't have any living family (that we know of)  to take possession of her things.  There is a car in the driveway, furniture, sewing kits galore, and some family heirlooms.  There isn't much of value inside but there is a set of china that could bring some money.  She hasn't lived there since March of 2015 and no one has been back. The utilities have all been cut.We've searched the records and can't find an obituary for her.  Our lawyers and realtors do not have a solid answer as what we do with the personal property.  Is this stuff ours?  Can we dump it? Do we need to post it in the paper for 30-90 days like an eviction?  Any advice?

[William Hochstedler]

In Utah, foreclosed holdover owner/borrowers become tenants at will.  So we treat personal property just the same way we would for a lease abandonment which including storage for 30 days.  We also video document the personal property before cleaning up.

Post foreclosure, if the owner is still living at the property (as opposed to a tenant with a lease), what is the legal process for removing them in your state?  That process should dictate the handling of personal property as well.

This isn't legal advice--just what I do.  To date, no one has ever come back looking for their stuff.