Has anyone contact mortgage companies

Started by CjS • 8 replies • 1240 views

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CjS (Maryland)
Posts: 21

Posted:

We have a sticky situation in our HOA where a property is not kept up in regards to mowing etc. We have seen the deed online where the owner expressly states that they will not let the property deteriorate and will not remove any "fixtures". This property owner has remove sprinkler heads (sold them actually). Now we have put the owner on notice that we will mow and bill the property and put a lien on it. But I am thinking that since it is expressly spelled out in the deed that we might want to contact the mortgage company. Since they have a vested interest in making sure the property has value in case of foreclosure etc, they might come and mow and relieve us of the responsibility and legal wrangling of liens etc. Have any of you contacted mortgage companies before?

RichardP13 (California)
Posts: 3,868

Posted:

"Fixtures" are not sprinkler heads. You might to read Real Estate Principals for a definition. A ceiling fan within a home is a fixture, a sprinkler head is not!

Do you know who the mortgage company is? Whoever wrote the loan is not the person you want to contact, it si the person who owns the Note and that can change many times.

From experience, an investor won't return your phone call. You would be best served by going to your local municipality for help.

CjS (Maryland)
Posts: 21

Posted:

Thanks, we have gone to the municipality for help since there is an unsecured abandoned building on the property.The deed specifically states the sprinklers are to remain there and in working condition.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can't randomly lien. Liens/foreclosures are for UNPAID DUES. Now your HOA rules have to say that your HOA can fix the issue and send the owner the bill. It is upon the non-payment of those service (after proper notices/timeline) that a lien can be filed for those expenses. Now a lien does keep the owner from selling till that is paid off.

You all need to go to the Tax Assessor's office to find out who actually owns the place. That is the person you contact via certified letter. PLUS send notification DIRECTLY to the HOA property as well. Technically the HOA address is where notifications need to be sent as a record. They may have a separate address but I would make sure that is on record as well. If possible even have them have a statement saying this is where to contact us at.

Contacting the mortgage company isn't worth the effort unless the property is in foreclosure process. Your HOA does NOT want to foreclose on a home if it's in bank foreclosure. Your basically doing the work of the Bank who is most likely going to be paid FIRST even before the HOA. (Except in some states that offer Super-Liens). Banks don't go out and fix properties as you can see from other foreclosures. It's not worth it to them.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CjS on 05/05/2017 7:34 AM
We have a sticky situation in our HOA where a property is not kept up in regards to mowing etc. We have seen the deed online where the owner expressly states that they will not let the property deteriorate and will not remove any "fixtures". This property owner has remove sprinkler heads (sold them actually). Now we have put the owner on notice that we will mow and bill the property and put a lien on it. But I am thinking that since it is expressly spelled out in the deed that we might want to contact the mortgage company. Since they have a vested interest in making sure the property has value in case of foreclosure etc, they might come and mow and relieve us of the responsibility and legal wrangling of liens etc. Have any of you contacted mortgage companies before?

We contacted Mortgage Companies when a developer was engaging in Theft and Real Estate Fraud regarding CCR's. Mortgage Companies only are concerned about receiving payment for the property. While they should be more concerned because they have a vested interest ... unfortunately I have not seen any laws which hold their feet to the fire forcing them to also protect property along with the homeowners.

RichardP13 (California)
Posts: 3,868

Posted:

A mortgage company, once the loan is funded, sell the Note to a servicer who collects the mortgage payments and sends the mortgage and interest to the investor on a monthly basis. So you could have a loan company in Anytown, USA process the loan, sells to servicer in Simi Valley, CA for the investor in the State of New York.

From personal experience, the investor or servicer is no getting involved. The real estate agent who might sell the house down the road would get involved, if in fact the owner "stole" the sprinklers, and if in fact it was not allowed in the deed, although I have never of such a thing, unless it was part of the common area owned by the Association.

TimM11
Posts: 354

Posted:

There's no point to contacting the mortgage company at this stage of things.

Originally, when I read the post, I thought you meant this was a bank-owned property that wasn't being maintained. Now, in that situation, yes, you could fine them and enforce rules the same as you would any other owner. But that doesn't seem to be the issue here.

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