Mrs. Mik

Abbotsford, Wisconsin

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I was talking to my sister today and mentioned that we are thinking of tearing down our old barn. I'm sure most of you have seen the pics of it. It's over 100 years old, and really not safe anymore.
For some reason, my sister seems to think that we need to contact our mortgage company before tearing it down, because they own our property and could call in our note if we tear down the old dilapidated barn.
She also said we need to not only contact the mortgage company, but have someone in authority declare it "condemned" before we can tear it down. I'm thinking that if we have it "condemned" then we are under an obligation to tear it down within a certain time period and I don't want to be rushed or pressured into doing this. We're just in the beginning stages of thinking about this.
My thinking is that it's not a big deal. We can tear down the barn when and if we want and the mortgage company isn't going to care one way or the other. The barn is a hazard as it's falling down and will probably completely collapse in the next year or so. Removing it is NOT going to decrease the value of our property and the mortgage company really could care less if we have it torn down by a licensed, bonded and insured company. If we put up a metal pole shed in place of the 100 year old dilapidated barn, it's only going to INCREASE the value of the property, so why would the mortgage holder care?
She compared tearing the barn down and putting up a pole shed to tearing down the house and building a new one in it's place, which I think is a HUGE stretch . . .
Your thoughts?
Julie
PS, we are zoned agricultural here, if that makes any difference.
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sfprop

San Francisco

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A. You have to read your note and deed of trust (or whatever the equivalent is in WI) to see if there are any restrictions.
B. May have to check county laws re permits for demolition, historic preservation (I hope not!), etc.
Logically what you say makes sense, but sometimes logic doesn't work w/ banks and county building depts.
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mowermech

Billings, MT

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Just to be safe, it wouldn't hurt to contact your mortgage lender and discuss what you are planning.
Remember, old barn wood is a very saleable commodity in some areas. You might also want to pay attention to the fasteners in that old building. Some of the old square cut nails are also in demand by collectors. Old barbed wire, too.
I think you are correct in thinking you do not want to have the barn "condemned". That could very well open up a real big can of worms that had best be kept tightly closed.
Another thought, if you are not interested in salvaging anything from the barn, contact your local fire department, and see if they would be interested in a "practice burn" once there is snow on the ground. After they set it on fire and put it out a few times, all you have to do is clean up the mess.
No, you can't put in a claim to your insurance company for "fire damage" when it is all done! (that's a joke, Julie, I know you wouldn't try that!)
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msmith1199

Central, CA

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I'd be worried about contacting your local government for fear they would declare it a historical building and not let you tear it down. You're probably a lot better off if it just fell down (even with a little push from a tractor) that way nobody can argue about that.
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acker1

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After it is torn down go over the area with a metal detector. You never know what could be there. Might find something that would pay for a new building. :>)
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wa8yxm

Wherever I happen to park

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Or pay off the mortgage....
I do agree with contacting them..
There are two theories
1:Tearing it down might, in their eyes "reduce the value" (one less building)
2: Tearing itdown might, in their eyes "increase the value" (Since it's falling down as I type per the OP's post)
3: By the time they render a decision.. Tearing it down may be uncessary as it will have fallen in upon itself and all you have to do is clean up
Nothin adds excitment like something that is none of your business
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JALLEN4

OHIO

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You need to acquire, if you don't have, a copy of the appraisal used to gain the mortgage. This appraisal will clearly show if there was value attached to the structure when making the loan. If it shows value, you need contact the mortgage company. If there is no value attached, no need to contact. Your title company should have a copy of the appraisal.
While the mortgage company will have no reason to ever know you tore down the barn, in case of a future foreclosure action it will cause you further legal problems. Any additional structures you might add to the property will in fact become a part of the mortgage automatically.
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topflite51

In The Desert of Nevada

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Wait until the next windstorm, and go out and huff and puff it. If that doesn't do it, push with a tractor. 
May need a permit from county for disposal, could involve hazardous waste disposal.
Seriously, I like the fire department suggestion.
David
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Barry E.

Orlando, Florida

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By all means Julie, speak with the lien holder first. But before you spend money on tearing it down, there's dealers out there who buy those old barns and disassemble them for the naturally distressed wood.
You may just be able to get rid of it and make a few bucks as well...
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jcapps

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You do need to check the original appraisal with the loan docs, if not mentioned they just go to the county office and obtain a permit. The county has records that it exists and if you don't get the demolition permit you can run into problems later.
There is no need to have it condemned first. As an added benefit, when you demo it, your property taxes would then decrease
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