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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