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How long before someone's stuff is yours?
About a year ago, my neighbor was foreclosed on. Took them about 4 months to have her removed from her house. They came and told her, and she walked away from the house with everything in there. Didn't take anything but the clothes on her back. The sheriffs threw everything out on the curb to be thrown away.
I grabbed some of the stuff that looked important and told my neighbor that I had them and would hold them for a few days till she could come and get them. That was 7 months ago. I haven't seen or heard from her since.
Anyone know what the proper amount of time is till I can get rid of this stuff? Some of it is worth some significant monetary value. Others not so much but definitely sentimental value. I just don't want to keep storing it either. She has no family alive anymore.
KeysDawg
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Quote:
How long before someone's stuff is yours?
About a year ago, my neighbor was foreclosed on. Took them about 4 months to have her removed from her house. They came and told her, and she walked away from the house with everything in there. Didn't take anything but the clothes on her back. The sheriffs threw everything out on the curb to be thrown away.
I grabbed some of the stuff that looked important and told my neighbor that I had them and would hold them for a few days till she could come and get them. That was 7 months ago. I haven't seen or heard from her since.
Anyone know what the proper amount of time is till I can get rid of this stuff? Some of it is worth some significant monetary value. Others not so much but definitely sentimental value. I just don't want to keep storing it either. She has no family alive anymore.
I'm sure there's a state law about that - meaning every state is/can be different. If you have some stuff of value - you may want to do some research on Florida's laws.
Edited to say there is probably a law pertaining to "paid" storage.......and something else pertaining to the "I've been keeping it for her/them and I decided to get rid of it."
Last edited by archbolddawg; 02/13/11 12:52 PM.
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Can you get in touch with her one last time?
#gmstrong #gmlapdance
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Can you get in touch with her one last time?
Don't know where she is, haven't seen her in the last 7 months. No phone, no address, no family and no friends have seen her.
KeysDawg
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I stayed in a Holiday Inn Express last night, and this is fair game. At least in my state. Your local law may be different, but I doubt it.
Stuff on the curb from the Sheriff is first come, first serve. You've been a real nice guy until now. Maybe a Craig's List ad looking for them to show how wonderful you are before taking action?
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Years ago my aunt Pearl found a rife laying on her lawn near a ditch in the country. Probably some drunk walking home from his buddy's place carrying the rifle fell in the ditch, got up forgetting the gun and walked on.
She called the Sheriff Dept. and told them about it. They suggested she give them the gun and if no one claimed it after a certain amount of time then she could, if she wanted, claim it as her own. She turned that table on them saying, No, I'll hold it and if someone comes looking for it in your "lost and found" let me know and I'll turn it over. If not then I'll keep it.
It was a good rifle. The Deputy was impressed with it and by that she knew that once she handed it over to them she'd never get it back and neither would the owner. In the end no one ever called for it so it was hers.
That's in Ohio. Apparently after a set time if no one picks it up it's yours to do with what you wish. You just have to report it first to set a date.
Someone may be right that once the Sheriff sets it out it's fair game. I don't know.
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Wow,, just walked away.. talk about just giving up.. Geesh.. I can't imagine doing that.
Anyway, if you picked it off the curb, I'm not sure she has any claim to it at all anymore. As others have said, I'd check your areas laws on the subject, but that's my guess.
That was pretty nice of you to do that man. Personally, I'd just have a garage sale, get what I can for it and if she ever comes around looking for it (I bet she never does) tell her you disposed of it cause she never returned.
what the heck is she going to do about it....
#GMSTRONG
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possession = 9/10 law
i would say after a year or two, it's yours and you are free to sell/keep. it was nice enough for you to hold on to it, but by the same token, you are warehousing their stuff and could use the space for something else.
i would see if you can find them on facebook or something. if it's a no go. i would say to do what you please with the stuff. chances are they aren't looking for it anyway.
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Quote:
I stayed in a Holiday Inn Express last night, and this is fair game. At least in my state. Your local law may be different, but I doubt it.
Stuff on the curb from the Sheriff is first come, first serve. You've been a real nice guy until now. Maybe a Craig's List ad looking for them to show how wonderful you are before taking action?
I would second this emotion. You didn't get the stuff from her, you got it from the curb.... that's free loot.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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I agree on this ^^,....if the City trash man had gotten there before you did, it'd be theirs,...
Generally speaking, when someone puts it out for the trash, it's up for grabs.
In the stated case though, I would at least have told or asked the local authorities, in order to show goodwill and proof of intent. Doubtful even that would be totally necessary in the unlikelihood of a court case.
Keep the stuff,...
A real secondary issue here is, not being able to find or contact this lady ?? That worries me,..her own well-being.
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I'm pretty sure that they have no claim on anything beyond that which you choose to give them if they abandoned their belongings, and you rescued them from the curb.
They had an opportunity to get their stuff out before it was thrown out on the curb. Once it's on the curb, I would imagine that the law would consider it abandoned.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Thanks for the tips. I am going to contact the local sheriff tomorrow just to be sure. Most of the stuff is minor that has sentimental value. Papers, pictures, home movies and the like. But some of it has significant value. She was a gem collector and has upwards of 10,000 gems of various sizes (0.1 carats - 25+ carats). Everything from emeralds and ruby's to fluorite and morganite. Some in settings (gold, sterling silver, 925 silver, platinum etc), a vast majority are loose stones. Almost all the stones are gem quality with few inclusions and well cut. Just looking at some of the stuff, I've got 7 stones on my desk right now that would appraise at over $5,000. And there are thousands of stones in these boxes. I had no idea what was in the boxes till I opened them yesterday. Crazy. I don't know why she wouldn't have sold some to save her house. 
KeysDawg
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I don't know why she wouldn't have sold some to save her house.
Because they were stolen and now you are holding them and will be put in jail the moment you contact the Sheriff's office. 
btw... I would take cue from my Aunt Pearl and don't tell them exactly what you possess. Just tell it like you did at the top of this post and let them try to contact her. If she never comes forward the loot is yours. (Heck, it may already be anyway). If you turn the stuff over it's likely neither you nor her will see it or she may get the "sentimental" stuff and that's it.
I've never had a bad experience with them in my entire life but I don't trust law enforcement to do the right thing. It's run by human beings and they're some devious creatures.
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i would say after a year or two
A year or two? I doubt seriously it's even close to that long.
I agree with others on here, the way you acquired the possessions I'd say they are now your's. You did it in good faith to help out, and it's obvious she has just moved on.
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Quote:
Thanks for the tips. I am going to contact the local sheriff tomorrow just to be sure.
Most of the stuff is minor that has sentimental value. Papers, pictures, home movies and the like. But some of it has significant value. She was a gem collector and has upwards of 10,000 gems of various sizes (0.1 carats - 25+ carats). Everything from emeralds and ruby's to fluorite and morganite. Some in settings (gold, sterling silver, 925 silver, platinum etc), a vast majority are loose stones. Almost all the stones are gem quality with few inclusions and well cut. Just looking at some of the stuff, I've got 7 stones on my desk right now that would appraise at over $5,000. And there are thousands of stones in these boxes.
I had no idea what was in the boxes till I opened them yesterday. Crazy. I don't know why she wouldn't have sold some to save her house.
Now lets see, why would a woman in the midst of a foreclosure, not try and sell some of those stones? Hmmmm let me see 
I'm thinking Ddub might be right.. Stolen goods
man that puts a new spin on things. If those are stolen goods, couldn't you be in some trouble for being in possession of said goods?
Wouldn't selling those goods be another crime?
What other reason would she have for leaving those behind?
#GMSTRONG
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They are definitely not stolen. Most of the are still in the retail packaging and have the weight, size and name on them. It is obvious that she was collecting these over a extended period of time (30+ years). 100% certain they are legit and not something illegal.
KeysDawg
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And actually, upon reading the other replies here - I have to agree. Stuff put out on the curb for trash pickup is open for anyone to take. At least, here it is.
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Contact the Sheriff ask what the law says about possession of the stuff in question. Don't tell them what it is.. just say "stuff"
Go by what the Sheriff says. This is something that happens pretty often. I've been in the rental / apt business for the last 6 or 7 years. In Ohio, they have to leave it out by the curb and all they have to do is use "reasonable care" in other words, they put a tarp on if it's raining. Other than that they don't do anything else and it pretty much is whoever claims it and walks off with it gets it.
Call the Sheriff first. Find out what FL says.
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The only reason I say that is that the owner of the property would have to have gotten a court order to evict the persons. Then, If I am not mistaken, they need a Sheriff's department order to remove the belongings from the premises.
Once they are removed and not recovered, it would seem to me that they are abandoned, and available for anyone to recover as they see fit.
It's like if a house is foreclosed, and the former owners leave property behind that is not removed. The new owners of the property can do whatever they see fut to do with that property.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Quote:
It's like if a house is foreclosed, and the former owners leave property behind that is not removed. The new owners of the property can do whatever they see fut to do with that property.
This is exactly what happened. Her house was foreclosed on, and she left. The Sheriff was there and moved everything out at the order of the judge for Bank of America's claim. They threw everything out.
KeysDawg
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Well then it is abandoned stuff, and she has no more claim on it than she does on the stuff the trashmen picked up and took to the dump.
If she ever shows up tell her you couldn't store it any more and got rid of it. Nothing more needs to be said or done.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Quote:
Quote:
It's like if a house is foreclosed, and the former owners leave property behind that is not removed. The new owners of the property can do whatever they see fut to do with that property.
This is exactly what happened. Her house was foreclosed on, and she left. The Sheriff was there and moved everything out at the order of the judge for Bank of America's claim. They threw everything out.
The stuff was no longer the former homeowner's the moment the house was foreclosed and vacated by her. Once the foreclosure happened and nothing had been removed, the mortgage holder owned everything. The bank then quite obviously abandoned the stuff by directing the stuff to be put out to the trash.
It is all yours. 100%, indisputably.
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... there goes Joe Thomas, the best there ever was in this game.
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Losing your house is a very traumatic event. The lady just walked out with only the clothes on her back, leaving all of her pictures, keepsakes and mementos....as well as valuable possessions? Sounds like she has severe emotional problems. No one's heard from her at all? There's a good chance she's either in a psych facility or God forbid committed suicide. If there are no known family or friends, she probably has some history of mental issues....and the trauma of the foreclosure may have pushed her over the edge. I can't think of another explanation.
And into the forest I go, to lose my mind and find my soul. - John Muir
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This is definitely what would have me worried.
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I agree. I've been looking for her for a while now. The Keys are a small community. And you can hide from the rest of the world down here. But you can't hide from the locals.
I can only think of 2 conclusions. One, she moved out of the area. Went back "home", or two she is in a mental care facility that wouldn't tell me if she was a client due to HIPPA laws. Either way, I'm still pretty concerned.
KeysDawg
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Quote:
Quote:
i would say after a year or two
A year or two? I doubt seriously it's even close to that long.
I agree with others on here, the way you acquired the possessions I'd say they are now your's. You did it in good faith to help out, and it's obvious she has just moved on.
it's not.
For a landlord it is 10-15 days depending on how you process notice.
If a private scenario I can't really say not knowing all the locall laws that might apply, but I can't see how it goes beyond 30 days.....even 90....
Call a local attorney....even if it costs you $75 for 30 minutes, you said you have some stuff worth some money....you aren't going to come out on the short end.
You are entitled to storage fees if you can't liquidate outright.
If everybody had like minds, we would never learn. GM Strong
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You are entitled to storage fees if you can't liquidate outright.
Fees from who? The garbage men? He wasn't asked to hold onto the stuff by anyone, he picked it from the tree lawn.
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You are entitled to storage fees if you can't liquidate outright.
Fees from who? The garbage men? He wasn't asked to hold onto the stuff by anyone, he picked it from the tree lawn.
I think Peen is saying that if the woman comes back asking for her stuff, that Keys can charge a storage fee.
#GMSTRONG
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Makes sense, as a last resort, but I still don't see how she would even have a claim to anything. Even though it was all hers at one time, she isn't even the most recent owner.
As part of the foreclosure, she'd have been given a date to get herself and her stuff out of there. When the foreclosure happens and the stuff is still there, ownership of that stuff goes to the new "owner" - the bank. The bank threw it all out and made it public domain.
That said, out of kindness, if she came back, I'd just turn it all over to her, but if nobody has heard from her nor can find her... that isn't likely to happen.
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It was yours the minute your claimed it from the refuse pile on the curb. Telling her you had it and would hold onto it for her was fair notice for her to come and get it. After 7 months it is obvious she will not be coming and if she does at a later date(which is unlikely) she has no real claim at that point anyway.
So do what you feel is right. Since you gathered and stored it, you are entitled to any compensation gained IMHO.
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Just a update:
So I contacted the local county Sheriff's office. They directed me to the State's Attorney. I spoke at length with them and they tried to look the lady up in their system and at the various agencies they have coop databases with. No luck locating her.
The State's attorney told me that I have done my "due diligence" in trying to locate the lady and due to the fact that it was a foreclosure and everything was on the curb (including the stuff that I had offered to house for a couple days) that it is in the public domain and I could not be held liable. He said I was being a nice guy for trying to help but it's up for grabs now and anyone and everything is now mine.
Thank you to everyone who responded. I appreciate the feedback.
KeysDawg
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Too much overthinking....
She's gone...vamoosed...adios muchacho. That stuff is yours.
I say sell it. If you have some guilt associated with it, invest the cash into something that you can easily pull the cash out. If she shows back up, you can give her the bucks and keep the gains for yourself.
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Good news for you. So, when do we get our share of the loot for helping you? I was thinking about buying a new Harley and maybe going on a Hawaiian vacation in June. Just send me a check when it's all squared away. Let me know if you need my address. Thanks. 
“...Iguodala to Curry, back to Iguodala, up for the layup! Oh! Blocked by James! LeBron James with the rejection!”
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I read the thread title and was expecting a question along the lines of ... "How many years in jail can I expect to get if I was caught with a glove compartment full of ..."
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Just send my share to the "Help keep YTown out of the poor house completely" fund.  After a new furnace at Mom's and deductables and co-pays ....... that's where I'm heading. lol
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Just send my share to the "Help keep YTown out of the poor house completely" fund. 
After a new furnace at Mom's and deductables and co-pays ....... that's where I'm heading. lol
I'll be at the door to greet you.
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