Homeowner Faces Felony Charge For Ripping Off Fixtures From House While In Foreclosure; Claims He Still Owned Items Until Process Was Completed

In Menomonie, Wisconsin, the Leader Telegram reports:

• A Colfax man is accused of damaging or removing items, including a furnace and water heater, from a foreclosure house in Menomonie that would cost more than $91,000 to repair, according to testimony during a preliminary hearing [].



• Mark S. Mouledoux, 46, []was ordered to stand trial [] on a felony charge of removal or damage to encumbered property. The charge is for allegedly removing or damaging items from his then-Menomonie house that was mortgaged and later foreclosed on in November.

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• Menomonie police were told Nov. 4 by a default mortgage employee of Bremer Bank that Mouledoux had removed permanent fixtures [...] without the bank's permission. The bank completed the foreclosure Nov. 1.

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• Mouledoux told police he removed the items before the bank owned the home, and a neighbor confirmed some of the items were removed in late October. Mouledoux was told by police the bank owns the house until the mortgage is actually paid off.(1)

For more, see Colfax man accused in foreclosure damage.

(1) Under Wisconsin law, ripping off fixtures from a home encumbered by a mortgage can also subject the perpetrator to liability for triple damages under §895.80(1) of the Wisconsin statute. See generally, Tri-Tech Corp. v. Americomp Services, Inc., 247 Wis.2d 317, 633 NW 2d 683 (Wis. App. 2001).