BoA Foreclosed Home, Locks Changed and Seller wants Appliances and Furniture in Unit

So the foreclosure sale was August 3rd. It was a very bitter process since we've had an offer in with BoA for about 2 weeks before the sale date. I kept calling and emailing the negotiator but never received any answer. Finally at 7pm the day before the sale date I received an email declining my plead to postpone the sale date. I called the negotiator but then received an email from her countering 10K more than original offer. I know she did not review the file and did not run numbers because BPO was not done and it was just a way of saying f*** off and it's too late. Had I known this counter a week before or earlier in the day my buyer would have accepted.

 

Now the unit is foreclosed and seller wants appliances, dining table and hutch. Any insights on this? Apparantly there is a fannie mae realtor on the unit and the locks was changed and of course he will not let seller or I get in the unit. Seller called the sheriff's office and they said as long as the seller's name is still on the tax records they are still entitled to gain access to the unit.

 

What should seller do

 

1) go with sheriff and locksmith to get the stuff and risk this A$$ from Fannie Mae either calling the cops or reporting trespassing or something else

 

2) just leave it alone and get the dining table and hutch

 

If they are going to send a 1099 and already foreclosed what difference does it make anyways. And seller is going to file BK anyways?

 

What to do... Help - This is in Florida

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Seek legal advice. You need to stay out of it completely. The seller should have taken the stuff already if they knew there was a chance they would be foreclosed on.
Definitely seek legal advice. I understand the sellers not removing the items based on the expectations of the sale.

It is imperative when you have an offer submitted to the Short Sale Department, to also maintain contact with the Foreclosure Department. It saved my butt more than once! They are working independently of one another. Unfortunately in this case, they probably weren't even aware that a contract had even been submitted.

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