Posts Tagged ‘Abandoned Property’

Lack Of Property Preservation Is Not Always The Banks Fault

Thursday, July 15th, 2010

Over and over, one of the most common questions I receive is somebody wanting to know what bank owns a home in their neighborhood so they can call and complain about its upkeep.  The overgrown yard, broken windows, varmint and green swimming pools are just a little too much.  It is not unusual that upon researching the issue I find there is no institutional owner.  The legal owner is the caller’s old neighbor.  Yet, the banks continue to get hit over the head on this issue.

Here is the back story that needs to be told.  Preserving neighborhoods and communities needs to be all of our goals.  This has to start with a homeowner or occupant who has the resources to maintain the property to community standards.  Many of the efforts to keep an owner in a home, or allow a tenant to remain, seem to look past the issue of maintenance.  In all fairness, the same communities who are establishing all kinds of registrations and fines for vacant homes not being maintained, need to enforce the same standards on homes still occupied.   I have also actually seen communnities put the heat on a occupant and the occupant will then vacate the home..beginning the process of foreclosure.

I can make an argument that foreclosure is the right option when the homeowner refuses to maintain the property.  Foreclosure may hurt the values of surrounding properties, but not as much as the appearance of a vacant, run down home.  Here is where this issue often places blame in the wrong place,  In 15 years of working with banks on foreclosures, I have never worked with one that does not insist on their properties being maintained to the neighborhood standard.  Neighborhood standards is a wide brush I know but if you are in a community, those standards are the ones the banks follow.  If 50% of the homes on your street have boards over the windows, the bank will choose to secure their property in the same manner.

The challenge is care and maintanance of the property from the time the occupant stops taking care of it, to the time a bank legally obtains ownership.    Due to laws and courts that crawl with these cases, combined with all the efforts to make 100% certain a owner really does not want their home anymore, we now often have a year or more of no maintenance of these properties.  Any idea how bad the yard can look, or the pool can smell, after a year?  The Indianapolis Star has a community column where people can submit complaints of actual addresses with obvious maintenance or care issues.  The newspapaer follows up with the code authorities and at worst a citation is issued and the owner publicly disclosed.  I would estimate one out of 20 homes has a bank owner, and the bank violations are usually something that involves something not managed by the bank easily.  Such as debris being dumped at the back of the home weekly.  

My point..the banks care about condition for many reasons.  First, they want to uphold community values…they actually have a vested interest in this due to their ownership.  Second, the extraordinary measures being taken, combined with the length of the court process, have created many more issues than we use to see for homes in disrepair.  A community has little they can do other than cite an owner who no longer cares and then take care of the matter themselves.  In big cities like Indianapolis, there are not enough maintenance workers to stay on top of all the complaints.  The assumption that some big bank somewhere just does not care is false.  The bank may own this home in the future.  When they do, rest assured, maintenance and a better appearance will follow.

Why Has That House Sat Vacant For A Year?

Thursday, April 1st, 2010

A common question in our two markets of Indiana and Florida is when is the bank going to put that vacant home on Elm Street on the market.  The street name is fiction to protect the innocent!  So common, that also is the creativity of my response. 

“I don’t know!”

Why don’t I know?  Why does this happen?  What about the values of the homes in the neighborhood where the vacant home sits?  Who is going to mow the lawn, trim the trees, fix the fence…on and on.

One of the reasons I am constantly so negative about all the efforts to save defaulting homeowners is that these efforts often seem to forget the affect a defaulting homeowner has on a neighborhood.  People in trouble with their mortgages do not take care for their homes for lack of cash and the expectation they are going to lose the home.  They often abandon the home and it takes months for anybody to figure it out.  I am now hearing stories of homeowners still working on a HAMP modification and they have abandoned their home!

The reality of the foreclosure mess is that people have issues that can’t be fixed with a loan modification.  In many circles this is now accepted but the truth, whispered in corners, is that the government is simply trying to slow the number of foreclosed homes on the market down so that values hold up.  A nice thought, but one that seems to have come out of a think tank and not Main Street. (Ah..there is Main Street again….).

Now, we can add a new cause to why your neighbors home has sat vacant for the last year.  Indiana and Florida are both what is called Judicial Foreclosure states…meaning a Judge signs off on the foreclosure allowing it to then be sold by the local authorities.  Florida courts are so backed up they are now requesting $9.6 million from the state to hire needed case managers to process the backlog.  Now, this is particularly interesting since last year these same legislators passed a law requiring a mortgage company to provide modification conferences to any homeowner requesting one.  From what I am told, the request of these conferences is also taxing the system, and has become a common suggestion from attorneys advising their clients as to delay tactics to use to delay the foreclosure. 

Of course they are.  But, that means these cases sit in limbo during these conference periods.  More delays.

In Florida, Barclays Capital estimates there are over 500,000 foreclosure dockets waiting for action.  The question, that I have asked in good faith for over two years now, is when do we decide that the costs of these delay tactics is not worth the harm to our communities?  When does it become the right thing to let the market finish this correction?

As an aside, and a post for another day, it appears the new tactic will be to just forgive principal.  An interesting development to watch. Will these new reduced loans help states like Florida clear out their backlog?  Or will we just continue to stretch out the volume of people living in limbo wondering who is going to clean up the vacant house next door?

What Is This Shadow Inventory of Foreclosed Homes?

Tuesday, March 23rd, 2010

One does not need to spend much time searching for information on foreclosures to discover what those of us in the industry already know.

There are a lot of homes sitting vacant and apparently in a state of default that no legal action has taken place to create a foreclosure.

And, nobody seems to know how many.

There is a lot of speculation as to why this is occuring.

The chart to the right shows three different attempts to track the amount of homes actually owned by banks.  This is another metric outside of the vacant homes not being foreclosed on metric.  I borrowed this from a very good blog post in the Wall Street Journal that tells the story of the shadow inventory statistically from the perspective of three different record keepers.

Mainly due to government internvetion, spurred on by the simple fact that the majority of the mortgage market is now government controlled, many different options are being tried to stop or avoid foreclosures.  In many cases I have seen, these interventions have not stopped the clock from ticking on completing a foreclosure unless successful modifications or short sales occur within a time that allows cancellation of the foreclosure.  As verified by the charts above..the banks did slow down their prosecution of foreclosures in 2009.   The number of vacant homes support that.  In 2010 we are seeing the discovery that homes are vacant, and the determination that the occupant is not a bona-fide tenant under the Protecting Tenants Act, causing the banks to proceed with a new amount of urgency.  There are no available statistics to support this..it is based on observations gathered from our marketplaces and national industry groups of which I am a participant.  I think it is fair to assume that a homeowner who figures out they will not qualify for a modification, and chooses to not hassle with a short sale (or even know the option exists), will often make plans to move before they have a foreclosure on their credit record.

This one theme continues to be seen.  The vacant houses.  Just ask anybody you know if they have a vacant home on their street. Is it being maintained?  These are the likely homes of the future in REO that are not in anybody’s count. This is also why I do not know of any markets in America where valuations should be assuming much increase in value.  There is still to many homes that need to be sold distressed.  There is no government modifications or short sales for vacant homes.  What there should be is the ability to accelerate the foreclosure when it is determined a home is in default and vacant.  The value slides quickly when a vacant home sits vacant and maintenance is lacking. 

It would be nice to see a different perspective on this issue.  One of saving the neighborhoods by deciding to stop trying to turn around the train that has already left the station.  Lets identify these vacant, defaulting properties and expedite them through foreclosure and sale to a new mortgage holder who will help the community by instilling pride of ownership back to the property.

City of Cape Coral FL Registration and Maintenance of Abandoned Properties Program

Wednesday, March 18th, 2009

The following release just issued by the Realtor Association of Fort Myers and the Beach.  We are members of this board and will be taking the appropriate actions to inform lenders of these new responsibilities, and insure compliance in order to avoid these large fines.    The actual ordinance can be downloaded and read here.  An additional clarification regarding the definition of eligible properties is available here   JWW

The City of Cape Coral is facing challenges with current levels of foreclosure activity as the City’s responsibilities have grown beyond mowing of distressed properties to include board-ups, securing pools, additional research, and increased workload with other agencies and departments to diminish the negative impact of vacant properties on surrounding neighborhoods and the community as a whole.

As homes in the foreclosure process may sit vacant and unmaintained for extended periods of time, these properties can discourage potential buyers of adjacent properties and can devalue neighboring homes. This impact destabilizes neighborhoods and has lead to neighborhood blight. Thus, on March 1, 2009, the City began enforcing the Abandoned Real Property ORD 139-08.  This ordinance is directed at the maintenance of abandoned properties that are in foreclosure with the intent to address those properties that have been abandoned and are going through the foreclosure process, or those properties that do not have a responsible party maintaining them.

If a property is found to be abandoned, the program requires mortgage lenders to register the property within 10 days with the Director of Community Development, or the Director’s designee, on forms provided by the City. A separate registration is required for each vacant property and an annual registration fee in the amount of $150.00 per property must accompany the registration form.  If the lender does not register the abandoned property, a fine of $1,000 per day may be placed against the property.

To ensure that the property is maintained, if the lender must hire a property management company to inspect the property on a bi-weekly basis to verify compliance with the Code requirements. The property management company will be asked to provide a copy of the inspection reports to the code enforcement division.  The City believes that an accessible, local, responsible party will help deter any potential deterioration of the property and thus preserve the neighborhood.

Failure of the mortgagee or property owner of record to properly maintain the property may result in a violation of the City Code and the City may take the necessary action to ensure compliance.

The City is currently working to update the language of ORD 139-08 to clarify that its intent is to address abandoned properties that are in foreclosure; currently, the language is ambiguous and could be interpreted to include all properties that are in default but may be occupied.