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Will California Senate Bill Really Help The Condition of Many REO Properties

By
Industry Observer with Retired

A recently passed California Senate Bill would allow local communities in California to go after the lenders with a daily fine of $1000 per day for neglecting an REO property's conditions and allowing them to become rundown and a neighborhood blight. The bill SR 1137( Perata) was passed in the senate and moves now to the assembly for ratification. If it passes there, it goes to the Governor for signing and making it law.

While I certainly agree with the intent of the bill, I wouldn't count on anything changing to much in the way REO's are maintained while on the market. I am not sure if lenders give authority to their listing agents for other than utilities but from the REO's I have seen, they certainly do not get the maintenance attention they need.

Whose responsibility should it be?. The listing agent, the Lender, or an outside service procured by and expensed back to the holder of the title ( in this case the bank ).

The bill permits the local communities to impose the fines after giving a 14 day notice to fix the problems. There is more to this bill as it provides for Lenders giving notice to consumers ( by Telephone or in person) 30 days before starting foreclosure proceedings. I am less inclined to believe that this will help much in slowing down foreclosures but I was more intrigued with the Bill's call for accountability of the Lenders ( the new owners of foreclosed properties ) to the communities in the way their properties are maintained ( or lack there of) as is often evident.

The reason I question this is that in most cases there is no one other than the neighbors paying much attention. And If someone reported a property that is in some state of neglect, who would they report it to. And if reported, who would file a claim and to whom. These questions unanswered would leave this bill without any real teeth to enforce it. Having an REO in my own neighborhood for months, it has become quite unsightly and I doubt I would see any change if this bill becomes law. Another well intentioned bill but it may fail the test for real life application.

This bill will be interesting to watch and see how it fares.

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Comments(24)

Adam Brett
The Adam and Eric Group - Fullerton, CA
The Adam and Eric Group, Fullerton's Finest
My local city already does this.  They will send you a letter to clean up and if you don't - they will do it for you and bill you.
May 04, 2008 07:27 AM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life
William - While the intent is good, I agree with you that it will probably change very little than to add even more legislation to the books.  As always, time is the only teller.
May 04, 2008 07:31 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Jean, The lenders already could have done this. They all live in houses I would presume and they can't think past there own nose on this. What they should have done is make provisions for all property to be maintained to some minimum condition from the start. Realtors and real estate licensees should also know better. Most of them do live in houses but it does make wonder one sometimes .

On my listings, occupied or otherwise, I take care to do very level best to make it as appealing as possible. No one pays me but I do it anyway because of my own level of professional pride. My listings ALL reflect me and I care for them as I would my own home. Has this left us as a quality we all mostly possessed in this industry. If you look at some of the REO's, you would think the REALTORS lived on an island with no phone to even ask someone to look out that things are cared for. I would hope that legislation should not have been necessary anyway. Where is the pride and responsibility to market the property, knowing that the Best price in the shortest time frame ( Fiduciary) is the responsibility of the listing agent. When they take a listing from a bank, they have to arrange for utilities and lawn and yard care should be a part it. Why should they ever have been hired in the first place if they can't manage and honor their own Fiduciary. Get these people out of the way, I could show the lenders how to sell them and at terms that wouldn't hurt the neighborhoods that these others hurt with their mostly arrogant attitudes. I rant, sorry.

May 04, 2008 07:44 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Great to know, William. I heard a bit about this but not the details. I, too, am dubious. But it seems that the lenders, as owners, need to be responsible at least for basics - like a clean pool so as to not create a health hazard. And then there is the issue of enforcement. I have seen some proeprties where clearly someone is taking responsibility and cleaning things up, as well as improving the homes - others are just left to deteriorate which will make it even less likely someone will come along and buy it at the right price.

Jeff 

May 04, 2008 07:52 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Lenn, Happy Sunday! Here we are again. The one in my neighborhood, drives me a Little nuts every time I see it. I know the company, regretfully. I never thought much of them as professionals in the first place. I do suppose they also may live this way so it is no great shock? Like , "What's the matter with the place"? I was tempted to blog on the property and then thought better of it knowing that... well, you know as well as I, why I wouldn't. I am ranting again.

On your other point, we have all seen how some agents are, get just the listing and figure out the details later. A good professional that would and should know their business and and understand their fiduciary, would get this arranged for in the first place.

It is a shame people feel they need legislation for this, even that  issues like this even come up. But the abuse is real life and I must live in a fantasy world, thinking that if I represented banks ( they probably wouldn't like me much as I would burden them with a lot more details than this) this would never be an issue. The neighborhoods would be trying to catch up with how well the place looks,lol But in the end, the home would sold properly at good price with the new Buyers feeling a sense of pride and the neighbors would very much like my attitude about this. It is tantamount to eating in a very dirty restaurant. The food may be good but always a little suspect?

 

May 04, 2008 08:04 AM
William Johnson
Retired - La Jolla, CA
Retired
Adam, that is wonderful to know. As I have come to learn more about Fullerton and Brea, I am impressed with these communities. They seem to have a great  sense of pride as a community and that is wonderful. Do you happen to know Lynda Eisenmann, she also works that market I believe. A very wonderful professional and someone you should know. An awesome lady!
May 04, 2008 08:10 AM
William Johnson
Retired - La Jolla, CA
Retired
Hi Jason, We think from the same page most often. Like I mentioned to Lenn, it shouldn't take legislation. The agents nor the banks just got into the home business and if you live in one, they should know what it takes to maintain one and do it. ( properly)Where is the professional pride on both their parts? There I go ranting again.
May 04, 2008 08:14 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Jeff, There should not ever be an REO in that condition. When a property is well cared for it gets a higher showing ratio and usually a higher offer sooner than the ones that are left to rot. Now doesn't it make you wonder why the agent is not doing their job-represnting a seller is more than taking the listing. It is the counseling and prpeapring the property for market. So the first error in my mind is with the agent. The 2nd part of this , is that it should not take legislation for a lender t be looking out for their own inventory. Most of them have share holders and they also owe them a fiduciary to care for their assets. I guess you can see that I would do better in a perfect world,lol. I used to have the patience of a saint and it wains sometmes when I am in most need of it. I guess I see this again as a professional responsibility of both of the parties involved.

 

May 04, 2008 08:24 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi William,

Good information. Like you, I too doubt that it would make much difference, but who knows for sure. The condition of some of these REO's is pretty sad. Truthfully I surprised more insurance companies haven't jumped on the band with neglected homes (especially the vacant ones) during the foreclosure process.

Congrats on the feature!

 

 

May 04, 2008 08:47 AM
William Johnson
Retired - La Jolla, CA
Retired
Hi Lynda, Thanks for dropping over. Maybe this is a California thing. We seem blessed with many fly by night people ( almost used the word professionals) in our business and they seem for whatever reason to get the lenders to go with them. Now that must say something about priorities, right? Maybe the banks believe they are better negotiators? I was almost going to make that a part of the post. I wonder they they handle this?
May 04, 2008 10:07 AM
Lisa Lambert
The Law Offices of Elisabeth A. Lambert - Fresno, CA
Esq. 1031 Exchange Expert

William:

I agree with you. I think the legislation will change very little in the maintenance of the properties. Fresno currently charges a tax on properties that have been vacant for more than 30 days. Enforcement is hit and miss and therefore unfairly imposed on some owners and not others.

May 04, 2008 10:35 AM
William Johnson
Retired - La Jolla, CA
Retired
Hi Lisa, Thank you for sharing that, I know that everyone will find that interesting as well. Hit and Miss, I would guess that would be even the best we could hope for. Seems life is allowing people to win even in spite of the fact that they don't want to be responsible for themselves. We must need better schools, better real life classes and teachers that aren't ham strung with what bureaucrats think kids should know. Like Real Estate, it should be local with a great emphasis that they also need to know about their community, state,  country and our magnificent history. With even emphasis on the latter. Not to mention Geography, Math, Reading and in particular, learning writing skills. At least to the level of teaching them how to communicate their thoughts. In real words. Thank You for coming by and enhancing this post.
May 04, 2008 11:31 AM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
Well that would certainly be an interesting change. I can't imagine banks will be very happy about this. 
May 04, 2008 02:04 PM
William Johnson
Retired - La Jolla, CA
Retired
Me either Christy. I would wonder when it passes the Assembly, if the Governor would sign it? Just not sure. This part of the bill may make a few nervous but the other provision was already negotiated so the banks pretty much have agreed on the notice. It only requires that they try to reach the homeowner 30 days before starting foreclosure. It might go like this. " Hello Mr and Mrs Jones. As you know you haven't being paying your mortgage debt and we have no choice here but to foreclose. Are you sure you do not have a rich aunt or someone that could help you get current? We also have a counseling program we could offer you if that would help you. It is a bit  like going to a Hospice. The outcome is certain but we would like to help you to cope with what is going to happen with you. We would rather not have do this but you give no choice, have a nice day". Notice given.
May 04, 2008 02:38 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

I think that the thought is good.  The vacant properties need to be maintained and kept up to not put a further damper on values in the area.  Furthermore, it is in the best interests of the banks to keep up the properties to get a better price and sell them faster...

But I wonder what the unintended consequences are going to be. 

May 04, 2008 03:08 PM
William Johnson
Retired - La Jolla, CA
Retired
Hi Lane, I certainly appreciate you stopping by and adding in your insight on this. Good points you have made. They also lead to some questiona and you asked a very good one. We have too many laws already. What we need to somehow learn about responsibility and doing the right things ( in this case maintaining those homes and their respective value).
May 04, 2008 03:14 PM
Carol Lee
Dilbeck Real Estate - Oak Park, CA
Realtor - Agoura, Oak Park, Westlake CA Homes

Hi William- thanks for the details on this bill- I have heard of it as well, but wasn't clear on the details. While I applaud the intent, I don't think legislation is the answer.  You and others have hit the nail on head- the banks and loss departments are so overwhelmed as it is, where and how are they going to find the resources to take care of this?  And it seems that many agents do not want to put the money into maintaining an REO, as they do not feel they will get it back.

It will be interesting to watch this bill.

May 04, 2008 04:43 PM
William Johnson
Retired - La Jolla, CA
Retired
Carol, Isn't that the point. If you take the listing and don't get it right, it is a risk and regrettably that is why the banks should be a little more discerning in who they select to represent their interests and also that they should do a better job being a seller and taking the professional guidance that is brought forward for them. Both could win and that would be wonderful for all. But when they both lose, the neighborhood suffers, then everyone loses. I am for win-win scenarios and If I had to go all the way to the directors, I would make a pretty good case and you can gather as my passion is starting to show, that I would indeed be successful with it as well.  :-). Maybe that is what is missing, no passion on either side. Business as usual and not verty articulate at that.
May 04, 2008 05:08 PM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

This will put a further drain on public resources in CA as if REOs don't already strain the local resources!  We have a problem with stagnating pools and our health department is running mad treating the green pools for mosquitos.  We live next door to a house in default (sale notice finally posted on Apr 21) and can't wait for it to go back to the bank.  Banks will be cited by our health department.  Owners in default don't care of they are cited.  It is then the list agent's job to get the pool back to health.

That's just one example.  We don't live in an HOA so the bank probably won't do anything about the landscaping but most HOAs will micromanage and fine the bank if the exterior doesn't meet neighborhood CCRS.  We really haven't had too much of a huge problem other than the non-HOA homes (like the one I live next door) and luckily most neighborhoods are HOAs. 

Here, for the most part it is up to the REO agent to contract out for landscaping if the bank requires it to be fixed.  Then they are (in theory) reimbursed from the bank.

May 05, 2008 12:19 AM
William Johnson
Retired - La Jolla, CA
Retired
Renee, That is great information to be added to this post. A fantastic report about Las Vegas but also insight as to how this might manifest itself. From recent court cases here, the HOA when it goes after someone with a fine, a lien or even filing suit to reclaim ownership, they have been successful case after case. They have excellent standing in the courts. I doubt banks would do as well if it comes down to the bully slugging it out with any association worth its existence. Great info. Now if we find solutions for all the ones that are not part of an association, we will be all set,:-)
May 05, 2008 05:21 AM