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Thread: Foreclosure and redemption period

  1. #1
    Chairman of the bored Maister's avatar
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    Foreclosure and redemption period

    It's hard to believe two veteran attorneys' opinions would differ so greatly on what would seem (to me at any rate) so basic a premise, yet that appears to be what's happening now. Let's see if veteran planners' opinions differ as well....

    Scenario: After purchasing the house at 1234 Main Street ten years ago Joe Dokes loses his job, can't make his mortgage payments and the bank forecloses on his house. A Sheriff's sale occurs on January 1 and the Sheriff's Deed is issued (to the bank) on the same day. The redemption period expires six months later on July 1. On February 1, Mr. Dokes finds another job rolling giant cigars in the beautiful nation of Andorra and happily catches the next plane out of the country. However, the night before he leaves, Mr. Dokes decides to throw himself a going away party and invites the Hell's Angels biker gang over. Naturally, all the windows get broken, the exterior walls are spray painted with graffiti and 8,000 empty beer cans are left behind strewn about the lawn. A week after the Big Party the neighbors get tired of looking at the mess and angrily complain about the condition of the (now vacant) premises. The city manager assigns you to the case. The blight ordinance holds that the property owner shall be responsible for the condition of the premises and accordingly any tickets issued for failure to correct.

    Whose name should be on the ticket, the bank's or Mr. Dokes?
    Last edited by Maister; 06 Apr 2007 at 10:54 AM.

  2. #2
    Unfrozen Caveman Planner mendelman's avatar
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    Well, put the bank's name on the citation and then send in your public works guys to cleanup and secure the property and put a lein on the property for the amount of cleanup.
    I'm sorry. Is my bias showing?

    Let's not be didactic in this profession, because that is a path to disillusion and irrelevancy.

    Six seasons and a movie!

  3. #3
    Cyburbian Wannaplan?'s avatar
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    Visit the Register of Deeds, they most certainly should be able to tell you who owns the house, which should be the entity that bought it at the Sheriff's Sale.

  4. #4
    Chairman of the bored Maister's avatar
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    Quote Originally posted by mendelman View post
    Well, put the bank's name on the citation and then send in your public works guys to cleanup and secure the property and put a lein on the property for the amount of cleanup.
    It would be nice if this were an option, but unfortunately it's not. Granted, there are a number of pragmatic enforcement options one could pursue to try get the property in compliance (like go with the 'shotgun' approach and cite both Mr. Dokes AND the bank) but let's keep this in the hypothetical and assume you can only write one ticket and have no other means to remediate the property. Does a Sheriff's deed constitute 'ownership' for the purposes of enforcement? Let's say the bank's name is on the Sheriff's deed and you wrote them the ticket because they held title at the time and three months later Mr. Dokes wins the lottery and REDEEMS the mortgage - that would mean you'd still be going after the bank unless you later re-initiated a separate enforcement action against Mr. Dokes after the redemption.

  5. #5
    Unfrozen Caveman Planner mendelman's avatar
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    What is the most important part of all this? Getting the citation to the correct person? Or getting the property cleaned and secured for the neighbors?

    I would say still send your guys to clean and secure the property, put a lien on the property for the cost, and then wait till the end of the redemption period and then stick the citation to the owner along with the cost for cleaning.

    Or maybe I am completely off-base, because I don't do field code enforcement and citations.
    I'm sorry. Is my bias showing?

    Let's not be didactic in this profession, because that is a path to disillusion and irrelevancy.

    Six seasons and a movie!

  6. #6
    Cyburbian zman's avatar
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    Off-topic:
    I think that the biggest problem in this story is that Andorra is not a nation, but a principality.
    You get all squeezed up inside/Like the days were carved in stone/You get all wired up inside/And it's bad to be alone

    You can go out, you can take a ride/And when you get out on your own/You get all smoothed out inside/And it's good to be alone
    -Peart

  7. #7
    Super Moderator kjel's avatar
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    When I interned with a city in SC we used to have it cleaned up and the bill sent to whoever held title to the property. Non-payment usually resulted in a lien.
    "He defended the cause of the poor and needy, and so all went well. Is that not what it means to know me?" Jeremiah 22:16

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