Code Attorney

The Chicago Sun-Times has an interesting article in the paper today about how many homes are being stripped of everything before the lender takes possession.  Certain items are considered part of the real estate.  Those items are known as fixtures.  A fixture is normally considered to be any physical property that is permanently attached to real property (e.g. molding, countertops, toilets etc.) so aren’t supposed to be removed when people lose their homes. http://www.suntimes.com/news/metro/1792042,CST-NWS-strip27.article I’ve heard this is going on all over the country to the extent that some lenders are paying people facing foreclosure to leave without damaging the property.  What caught my attention is how difficult it is to prosecute the guilty party.   As a former assistant state’s attorney I know how challenging it can be to prosecute someone for criminal damage to property or theft unless there is an eyewitness.  While some guilty parties may confess when confronted by the police officer investigating the case, suspects often know that there is no way to prove the case against them without an admission of guilt.  Just because they had the opportunity commit the damage or steal doesn’t mean a prosecutor can prove it beyond a reasonable doubt.  Many times vandals strip empty houses so it’s not necessarily the former homeowner who is the perpetrator.  It presents a real dilemma for the police as well at the lender.  Of course, if an officer finds the former homeowner listing the old kitchen cabinets on Craig’s list, that case has possibilities.