uco, good try but it’s still not enough. most examples reference intent at the time parties entered the contract, so it wouldn’t apply here. Since you looked up the federal case law, focus on state statues, the feds rarely make simple theft arrests and police won’t arrest for federal crimes. Check 484 through 487 of the California Penal Code, I see no applicable penal code section, nor has any legislator, district attorney or police agency in this state. You can ignore my phantom credentials, just search for a single example in this state, surely with the tens of thousands of incidents, someone got pissed enough to file charges or at least try.
Academicly the bank owns the home when there is a mortgage but not the property rights. The 4th ammendment protects the borrower and to a lesser extent even a renter. Landlords own the home in name, banks have the deed, but the occupant has all the rights. Government agents cannot enter a residence even with the permission of the Landlord and the Bank absent a search warrant. But they can enter the home with permission of the occupant, even with the objection of the landlord and the bank. In this scenario, one might think the landlord or the bank is the more important “owner” but the law only recognizes the occupant. As far as the penal code is concerned, whoever sleeps there is the only one with rights (this does not apply to hotel, motel or employment related housing such as a fireman in a firehouse).
I can point to thousands of examples of fb’s selling off appliances, find me one example where there was a criminal complaint filed and I will concede the point, or find the applicable penal code section, until then, my ruling stands, non criminal.
