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Foreclosure Upkeep? What is it and who should do it?

Cities are starting to frown on properties that are not maintained and up to code. The reason for this concern is that the foreclosed homes are not being taken care of and is bringing down the neighborhoods. Of course there are some question as to who to go after. People are not cleaning up the property before they leave, instead most are leaving trash, personal items, unfinished home improvement projects, dogs, feas, cats, in some cases unsafe structures and don't even mention a yard that is not maintained and haven't been for a long while. This is a concern for neighborhoods that have that "owner pride" and are concerned about their property value going down -- right alone with the neighborhood value.

California has one of the highest foreclosure rates in the nation. Many communities, particularly in the Central Valley, are riddled with homes that have been abandoned by buyers who could not afford their mortgage payments when they reset to higher rates. This problem is not just a California problem, however, Stockton is one of the hardest-hit communities and is developing an ordinance that would require property owners to provide a local contact and pay a minimal fee for each vacant home. But... this is not just a Stockton problem. Take a look at Sacramento, Oakland and other cities -- nationwide!

In many cases, the vacant properties are overgrown with weeds and shrubs and have become magnets for squatters and vandals. Swimming pools often become stagnant, turning into breeding grounds for mosquitoes.

Most cities will issue default judgments for code violations and imposing the maximum fine, which varies from state to state, city to city. These cities can and will put a lien on the property. In some cities this could impede the bank's ability to buy or sell other properties in the area.

Other jurisdictions have explicitly required upkeep on foreclosed properties. The Manteca, CA city council approved foreclosure upkeep rules that require homeowners to keep up foreclosed properties after tenants have moved out. Homeowners that neglect their homes would be fined up to $1,000 a day. Also, homeowners are required to maintain yards outside homes built after 1993. If they don't, the city can hire contractors for the upkeep and pass the bill onto the owners.

In Oakland, CA the city is working on a rule that will allow them to fine the bank and put a lien on the property due to violation of the code to keep up your property - even in these foreclosure times.

There is a bill SB 926 -  That in summary would enact several changes to the procedures that must be followed

before the holder of a mortgage may issue a notice of default or a notice of trustee sale, require the holder of

a mortgage to mail a specified notice to the tenant(s) of a property on which foreclosure proceedings have

begun, and impose penalties on property owners who fail to adequately maintain foreclosed properties, as

specified.  Banks and mortgage companies face fines of $1,000 a day if they allow foreclosed homes to

become run down and a source of neighborhood blight under a bill that passed the state Senate.

What is your city doing about foreclosures that are not kept up?

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Posted by Rosemary Brooks -Mother & Daughter (866)-750-8282 on 05/01/2008 06:22 AM

Comments (10)

foreclosures, stockton, san joaquin central valley, rosemary brooks

Originally posted at: Mother & Daughter Blog: Foreclosure Upkeep? What is it and who should do it?

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10 Comments on Foreclosure Upkeep? What is it and who should do it?

MAY

2008

This is a huge problem in my area. I think the 'owner of record' whether it is a bank or individual has the responsibility.

Melody ~ be careful how you say that because they take a while to transfer the name when foreclosed. But I do agree.

You are right, Rosemary. Someone needs to maintain these properties...It sure is hard to sell when they are so "trashed!".

Gary ~ and it is expensive to clean them up and maintain them......

The two companies that I work for have me keep the grass cut and try to make the property as presentable as possible, even to the point of boarding up the property. When possible I have to have the utilities on.

Maybe the owners, if it is the bank should be made to do maintainence, Anything that impedes these properties from beilg sold and re inhabited just prolongs the crisis No?

MAY

2008

I just lost my house in foreclosure, I was trying to sell for the last six months, I owed 60,000 during that time code inforcement came to my home 4 times, once they said we needed to remove a small pvc pipe, and we did. another time they said we had to get rid of a small auto that was covered with a cover, the other time they did'nt say why they were there, it did'nt bother me but what does seem out right deliberate is that they did nothing about the house behind me that had has chicken coupes and junk stacked so high you could see it over my roof and in the lot right next to me someone drove up in a small camper and started living there complete with 3 dogs (1 a pitbull) rolled out his awning and barbacue, (he was there the whole 6 months and stayed until the night before they auctioned my home. I guess they did'nt think that was a problem!! think of it like this" if someone called the firedept because they saw smoke at your house and came to your house and said we cannot allow smoke, then walked right by the house in back that was on fire and and the lot next door that was on fire and just let it continue to burn for 6 months. I have pictures of them parked in front of the lot with the camper. I could'nt sell my home at any price but maybe if they had really done what they are hired to do I might have had at least a chance!

MAY

2008

I think there are some who just don't get it! these are real human beings who are suffering through this foreclosure crisis! are you actually saying that even though they are about to have their home taken away in foreclosure, and my not have money, or somewhere else to live,or that some may only have 10 minutes to grab what they can if they wait for the sheriff. Please remember!! This is not like they are moving because they bought another house, there may not be any money for moving vans, and there may not be time for careful packing! And what you refer to as trash left behind are actually someones belongings! Are you saying they should do a better job of keeping up appearances and be more tidy so it's easy for you to sell! Put yourself in their place, stop thinking aout dollars and show some compasion,

Janet ~ I am going to comment to the last comment you left because I think you feel that I (personally) feel that the homeowners should be accountable for the way the foreclosure problem is creating more problems. I am not! I do have compassion for the homeowner. I feel more compassion than you may realize.

I get harassed by the homeowner association right now so I know how that feels, when you do not have the funds or means to do anything about what they are calling a big problem. I realize that the homeowners are put into a situation that doesn't seem to have a light shining in the tunnel for them. I believe the bank should be responsible for alot more than what they are expected to do. I do not believe that homeowners should be suffering as they are. Believe me.

I don't make the laws. I know that the dollar bill is the root and it has caused much suffering. I was only putting the awareness out there on how it is.

I wish the best for you and your family.

In my area the city steps in and maintains the property. They post a code violation on the door. Correct or they will. They will mow your grass, board up the missing windows, and make it safe. They then slap a lien on the property and will collect when the property is sold. If after so long they will take property, or if it becomes a nusiness property, they will take it raze it. Then they go after the owner on record for the costs. My city is a bit aggressive. Last spring I cleaned out my garage and basement. I scheduled a bulk pickup which was to be picked up a Thursday. We can put our bulk stuff out 24 hours prior to the scheduled pickup. I put my "crap" out during the weekend (when most people do such chores). By Monday, I was hit with a violation. They told me the city bulk pick up team that was scheduled had better beat the Code Violation pick up scheduled or I would be billed big time.

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