Annette  Lawrence , Palm Harbor, FL 727-420-4041, Making FLORIDA Real Estate EZ  (ReMax Realtec Group)

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Rainmaker
21,900
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

Originally you asked who should go to jail.  No one should go to jail for this.

Then you asked who should be responsible for the fines.  I would say the clerk of the court.  Why the clerk?  The bank initiated the foreclosure auction, but they are not conducting the auction.  The bank is the buyer.  Buyers are not responsible for, or capable of, deeding property to themselves.  In a foreclsoure auction in Florida, the clerk of court deeds the property to the highest bidder (evidently the bank was the highest bidder in this case).  

Other people may answer differently based on the foreclosure process in their particular state.  I happen to live in Florida.

Aug 20, 2019 06:23 AM
Rainmaker
3,021,035
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If the bank forecloses and kicks her out then does not file the deed or maintain, i would say the bank. However dealing with this here all the time, the courts rule who the deed reads is who owes. What they do here, is the city goes in and cleans and liens the property. They also can knock down hazardous or burnt out properties. They have 3 years to pay or the city takes the home. If and when the bank does file the deed, they pay the lien plus fees 

Aug 20, 2019 06:07 AM
Rainmaker
1,010,206
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

In my perfect World the home would be returned to Mrs. A, free of debt and the bank would be left holding the bag as the fines continue to accumulate. Irresponsible acts cannot move forward without just compensation. The gavel has struck on this foreclosure and we all know who should pay up!

Aug 20, 2019 06:32 AM
Rainmaker
3,052,832
Richard Weeks
Dallas, TX
REALTOR®, Broker

I say they bank.  Plus they have deeper pockets than Mrs. A.

Aug 20, 2019 06:10 AM
Rainmaker
1,621,211
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

The bank.

Aug 20, 2019 05:47 AM
Rainmaker
2,799,761
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

The Bank. 

Going to jail ..... AHHAHAHAHHAHHHAHAHAHHAHAHAHAHAHAH

Yes, let's see that 

Aug 20, 2019 07:02 AM
Rainmaker
417,383
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

I bet no one goes to jail and no one pays the fines. The city waives the fines or fights with the county courthouse about them. $230K in fines for an unkept yard is ridiculous.

Aug 20, 2019 06:52 AM
Rainmaker
1,219,187
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

As Scott Godzyk said the laws of the state where the property is located will determine who is responsible.  Erie County and the City of Erie, Pennsylvania recently created a Land Bank to deal with abandoned properties. It's still a long process.

Aug 20, 2019 06:14 AM
Rainmaker
1,263,163
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

I would blame the bank as they have enough attorneys on retainer then the city as they tax us enough to have a code officer to have checked it out!

Aug 20, 2019 05:46 AM
Rainmaker
776,395
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

The bank is responsible and how diligent was the municipality. Just my 2 cents

Aug 20, 2019 07:18 AM
Rainer
54,205
Ken Jones, Realtor
Realty ONE Group Central - Freehold, NJ
There's no substitute for Experience.

Annette Lawrence , Palm Harbor, FL 727-420-4041 There are several ways to go about resolving this issue from the position of the evicted former owner.

If I was that owner, I'd simply file a Chapter 7 bankruptcy to eliminate this claim and let the city and the bank fight it out.

Aug 20, 2019 07:10 AM
Rainmaker
689,801
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Bank

Aug 20, 2019 06:47 AM
Rainmaker
1,021,679
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

bank

Aug 20, 2019 06:42 AM
Rainmaker
3,131,817
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

No one goes to jail for this kind of thing. Look to the bank and its representatives for restitution.

Aug 20, 2019 07:28 AM
Ambassador
4,265,923
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Karen Climer makes a very good argument here, unfortunately govt people never take responsibility for their actions or inactions.

Aug 20, 2019 12:02 PM
Rainmaker
4,104,787
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

The bank

Sep 12, 2019 05:22 AM
Rainmaker
3,203,582
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I would say the bank for sure.

 

Aug 23, 2019 09:54 AM
Ambassador
3,352,235
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

If Mrs. A has the papers proving foreclosure and that she was 'kicked out,' I'd say the bank...or the Register of Deeds for having miss-filed the foreclosure.

And, the city? Really? $230K in fines - that is a bit ridiculous - especially if their own employee in the Clerk's office made the filing mistake! 

Aug 21, 2019 07:37 PM
Rainer
187,840
Bob Betel
Allstar Home Mortgage, Inc. - Sweetwater, TN
President, Allstar Home Mortgage, Inc

Let’s be clear about this. No one is going to jail, and Mrs. A is not getting her house back free and clear. The new owner ( the Bank) is responsible for any costs or fines after the received ownership of the property. As far as the costs of the fines goes, the city is charging way too much! Yes, the bank needed to maintain the property, but 230K for 2 years? Really!!

Aug 21, 2019 07:11 AM
Rainmaker
737,900
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

The guilty party is whoever did the foreclosure closing; ownership should've been transferred properly.

Aug 21, 2019 04:31 AM
Rainmaker
3,302,189
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The Bank will be held liable since they have money to pay. Constructive receipt will come into play! All about the money!

Aug 21, 2019 04:27 AM
Rainmaker
1,601,509
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Very often that happened in Florida. 

The fine will be redused - new owner has to deal with it.

Aug 20, 2019 08:01 PM
Rainmaker
1,165,315
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty

Bank. 

Hard to win now.

Title company as well, is responsible.

Aug 20, 2019 05:38 PM
Rainer
236,682
Caroline Gerardo
CMG Financial - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Mrs. A or her assigns needs an attorney to sue the bank. I'm on the jury the bank owes the fines and Mrs. A gets house back free and clear

Aug 20, 2019 03:27 PM
Ambassador
2,224,725
Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

The bank is responsible, of course!

Aug 20, 2019 01:34 PM
Rainmaker
4,489,336
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I like Kevin J. May solution.  A

Aug 20, 2019 12:51 PM
Rainmaker
686,301
Bob Force (REALTOR®)
Weichert - McKenna & Vane - Mount Airy, MD
The FORCE in Maryland Real Estate

I would think the bank.  They did not complete the actions necessary to complete the foreclosure and maintain the property.

Aug 20, 2019 11:57 AM
Rainmaker
5,036,790
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

this is why buyers have real estate attorneys....

Aug 20, 2019 11:34 AM
Rainmaker
808,438
Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

The bank failed to properly transfer title but was the legal owner. And the city failed in letting it get to the pint where it was such a nuisance.

Aug 20, 2019 11:29 AM
Rainmaker
408,682
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The bank.  But I am surprised.  Most banks maintained their properties they acquired in foreclosure during the recession.  They now own the property and to keep their "investment" as valuable as possible, maintenance was a key.  That and getting the home ready for sale asap.

Aug 20, 2019 10:45 AM
Rainmaker
720,977
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

No one's going to jail. And I agree with Kevin! Let's manifest that!

Aug 20, 2019 10:40 AM
Rainmaker
1,247,152
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If she was foreclosed on and evicted, that's a good reason to not be there maintaining the property.  Out here the bank owns the homes until you sell or pay off the mortgage, so I'd say the bank.

Aug 20, 2019 09:37 AM
Rainmaker
1,549,060
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

I am with Scott Godzyk on this one. The previous owner was forcibly evicted from her home under the Law. The fact that the bank failed to properly transfer title is not the fault of the previous owner and is a defective defense.

Aug 20, 2019 07:36 AM