definition of fixture filing

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  • Guest

    #1

    definition of fixture filing

    can someone please clarify a fixture filing on my home?
    How does a fixture filing effect the sale of my home?
    Or the re financing of my home?
  • inetdog
    Super Moderator
    • May 2012
    • 9909

    #2
    IANAL, but I believe that it serves as a notice that something which is physically attached to the property does not in fact belong to you and ownership does not automatically transfer to the purchaser. Without such protection the assumption of real estate law is that anything which is attached to the building (built-in appliances, window coverings, lighting fixtures, etc.) is part of what is sold when the house is sold.
    This filing protects the owner of the leased property.by giving the buyer notice of the situation even if you "forget" to mention it.

    Anything which complicates the sale document makes it harder to sell the house, and in this case probably requires that the new owner picks up your lease or else somebody buys out the lease as may be provided for in the lease contract.

    It is heavy reading but the bar association article http://www.americanbar.org/content/d...thcheckdam.pdf covers it pretty well.
    Last edited by inetdog; 02-16-2016, 03:11 AM.
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