Ownership issue

[glockman19]

Who gave the bank the authority to sell or giveaway firearms to anyone they want without using an FFl

Bank owns the home. Bank through "Abandonment" is likely the legal owner pending any heirs. Bank can dispose of property. IF his contract to clear the home of ALL property with the caveat he can keep anything he finds is in writing then he may be able to keep the firearms.

What is the law on "Found" Firearms?

Here is a question and answer to registering firearms.

I think you might be able to just register them in your name and be done with it...but CA isn't likely to make it that easy.

[ke6guj]

I would assume that at some point it could be considered an "operation of law" when a bank assumes the contents of a property and that if they give/sell away the contents of the property sight unseen that they are still operating under the "operation of law".

[glockman19]

I would assume that at some point it could be considered an "operation of law" when a bank assumes the contents of a property and that if they give/sell away the contents of the property sight unseen that they are still operating under the "operation of law".

The relevent PC is 12070(b)(1)

[autopro]

Thanks ASD1.

There has to be a way he can hang onto them. If you buy a storage locker at auction, I know you're able to hang onto any firearms found. Isn't this kind of the same thing? The bank signed over the rights of all property not related to the house to my friend. That has to give him some kind of ownership rights...so long as he fills out the proper forms to register the guns.

That is not correct you cannot legally just keep any firearms you obtain at a storage auction. If they are visible when the unit is opened the auctioneer will take possession immediately after the auction. If you find them during the clean out you are supposed to report them to the auctioneer. Then you and the auctioneer go to an FFL. The auctioneer will have the necessary paperwork to legally transfer them to you. 10 day wait if they don't come back stolen and you are not a prohibited person they are yours.

Twice I have found firearms in a unit I purchased. First time 3 shotguns, 2 over/under and 1 semi auto. Transferred to me without issue as described above. 2nd time 11 long guns and 3 handguns all with defaced serial numbers. Notified the auctioneer and called local PD.

[Dvrjon]

The relevent PC is 12070(b)(1)

That Penal Code citation became defunct on 1/1/2012.

[ugimports]

That is not correct you cannot legally just keep any firearms you obtain at a storage auction. If they are visible when the unit is opened the auctioneer will take possession immediately after the auction. If you find them during the clean out you are supposed to report them to the auctioneer. Then you and the auctioneer go to an FFL. The auctioneer will have the necessary paperwork to legally transfer them to you. 10 day wait if they don't come back stolen and you are not a prohibited person they are yours.

Twice I have found firearms in a unit I purchased. First time 3 shotguns, 2 over/under and 1 semi auto. Transferred to me without issue as described above. 2nd time 11 long guns and 3 handguns all with defaced serial numbers. Notified the auctioneer and called local PD.

Not that TV is the best example, but this is how they handled it on Storage Wars in southern california and they explained it the same way autopro does.

Guy found 2 $1000+ shotguns in his locker (not in plain view) that he sold off after he got them post 10 - day wait.

[furyous68]

That is not correct you cannot legally just keep any firearms you obtain at a storage auction. If they are visible when the unit is opened the auctioneer will take possession immediately after the auction. If you find them during the clean out you are supposed to report them to the auctioneer. Then you and the auctioneer go to an FFL. The auctioneer will have the necessary paperwork to legally transfer them to you. 10 day wait if they don't come back stolen and you are not a prohibited person they are yours.

Twice I have found firearms in a unit I purchased. First time 3 shotguns, 2 over/under and 1 semi auto. Transferred to me without issue as described above. 2nd time 11 long guns and 3 handguns all with defaced serial numbers. Notified the auctioneer and called local PD.

Sorry Autopro, maybe you misunderstood me. No intention of bypassing an FFL for proper transfer & just taking them straight home. Just trying to figure out if the bank needs to be involved in said transfer. Also, the OPLAW form does seem like it may be a valid option... but my buddy is in contact with a lawyer now to see which way is the best way to go.

Thanks guys, I'll update this when it gets all sorted out.

[autopro]

Sorry Autopro, maybe you misunderstood me. No intention of bypassing an FFL for proper transfer & just taking them straight home. Just trying to figure out if the bank needs to be involved in said transfer. Also, the OPLAW form does seem like it may be a valid option... but my buddy is in contact with a lawyer now to see which way is the best way to go.

Thanks guys, I'll update this when it gets all sorted out.

No need to be sorry furyous68 obviously I did misunderstand your intent and that's on me. I don't personally believe the OPLAW form is the correct way to go just seems way to easy for this state but I am no attorney. I hope it all works out, please keep us updated.

[Chewy65]

This doesn't sound like a short sale, but either a judicial or non-judicial (power of sale) foreclosure. You also have an issue as to whether the safes are personal property. Even if they are fixtures and part of the real property, their contents may or not be personal property.

[furyous68]

You're right, this isn't a short sale situation... yet. The bank hired my buddy to clear out the house so they can ready it for a short sale. Right now, the bank owns (or maybe is in the process of owning) everything on the property. There is a waiting period before anything can really be done. My friend is waiting to receive the paperwork from the bank which clearly states everything within the home is his to do as he wishes (keep, sell, or trash), but he has been allowed inside to check out the house. Once he gets his contract, he is legally allowed to change the locks & start emptying out the house. This just so happens to be the first time he's had to deal with any firearms.

There have been times that he has changed the locks & the family has called the cops out on him. The cops look at his paperwork & basically tell the family they're out of luck, everything is legally his. If they want something specific they have to deal with him over it.

[oogaloo]

Short sale?

Not to get too technical, but as a retired real estate broker, it kinda worries me to see words bantered about.
A short sale can only occur prior to a property becoming bank owned. In a short sale, the debtor/owner gets an offer that equals less than is owed to the bank loan. The bank then can either accept the offer or counter/reject it. Once the bank owns and controls the property (via foreclosure or deed in lieu) it is just a sale, albeit perhaps at good price, and sometimes for less than the foreclosure sale amount. The bank will hire property rehab persons to clear out all trash and personal items left behind. The courts consider the foreclosure process as ample time for the property owner to remove all personal items, and in fact it will take an eviction action to remove stubborn residents/squatters.

[furyous68]

Then I am not using the proper term oogaloo. Sorry for the confusion. The bank has/ is taking possession of this property. There is some kind of waiting period before they can give my friend the go-ahead to clear it out, which must be the actual foreclosure process.

Thanks for the clarification.