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Good question. My opinion is..........

We sell many vacation homes in the Orlando area. We normally sell the furniture separately. To me the key is that it is being sold as a legitimate purchase and the value is not being inflated just to get money to the seller.

Also, was the chattel part of the original collateral for the loan? If so then it's my opinion it should be included with the purchase of the real estate. Does removing it affect the value? For example: light fixtures, blinds and built in appliances become real estate once attached and are included in the appraised value of the property. If removed the value goes down. If these items were included in the original purchase mortgage then they should stay.

Furniture, on the other hand, is personal property. It is not included as real estate. In my opinion the seller can sell their personal property to anyone they want. And it does not need to be disclosed as it is not a part of the real estate (collateral) and has no baring on the value of the property. But again do not inflate the value.

Personal property does not need to be on the HUD.

So.....in summary...use common sense.

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  • One more thing to add to your post.  With money being transferred outside of closing, I really think it is a good idea to have a bill of sale or invoice for the amounts being transferred.  The paper will help keep you out of assumed situations.

    Texas-Short-Sale

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