Home Abandonment Issue

There has been much discussion on this board about leins and how to place them on bank owned property. Do a Search on it (see upper right hand link to Search)

William:

I think while a home is in foreclosure there isn't a whole lot you can do. Any maintenance you try to perform on the home probably will be at the HOA's expense. However, once a bank takes over I wouldn't let their little interest in maintenance deter you from demanding it get done. Banks aren't leaving and have money so go after them.

I'd contact the Board of Health in your area.

William I agree with you that this problem is going to get worse and about the only thing you can do is wait for the bank to take title and go after them. Unfortunately a lot of the time the people are also destroying the insides of the houses in frustration when they leave. I have a friend who has a contract with a local bank to repair the properties so they can be sold.

Also anyone with empty foreclosed homes in their Association should set some kind of neighborhood watch or ask the neighbors to keep an eye on these places as they become "party" houses for kids and squats for transients.

Unfortunately although most of this problem was created by the banking industry by giving mortgages to people that never should have qualified for one, they're not quick to take the blame.

another nail in the coffin of personal responsibility. Thank goodness we stopped the banks from forcing people to take out these loans. John and Jane Q Public can rest easier now that the guns are removed from their head that forced them to sign the papers.

You are so right Brad....No one takes responsibility anymore for there actions....I'm 71 years old, when I was young, my husband was in the Navy made peanuts and that's no lie back them (1956 he was 19/I was 21)...We both wanted six children so by the time he was 27 we had our six babies. I worked as a receptionist for $75. a week and paid a babysitter $25.. We wanted these babies, it was our responsibility to feed and cloth them. My husband went to work during the day w/the Navy, when he came home, he became Clark Kent, he changed cloths and went to work w/a cleaning company, that cleaned business's at night until the wee hours. Then on weekend, he changed cloths and worked w/our neighbor who had a landscaping business....I don't think there was such a thing as welfare then but it would never have crossed our mind to have my neighbor pay for my kids. I had always been tought to work for what you want....Also during that time I became a cocktail waitress in a private club...I then made more in one night than my husband made in a month.(from the Navy) We were finally able to purchase our first home. We now own four homes but we worked hard for every thing we have...What makes me proudest of all, if my children have all grown up with the same values...Work hard and if your can't make ends meet, get another job and if that doesn't work get another.It's all where you set your priorties.

I don't believe in baling people out of the mess, they chose to put themselves into...No one told them to get 20 credit cards...or to buy the big ticket house they really knew they couldn't afford...there kids don't need every new electronic gadet that comes out...One of my sons makes a LOT of money and his kids have had everything but the time they were five (cell, laptop, the whole work)..I think this is wrong but who am I to raise his children...My kids worked for the things they wanted, they weren't really given anything except the necessities...Then again, I will probably step on toes, but I don't believe in welfare either. (only for the very old and the sick)

I am from a younger generation with young kids and in defense of them the world we are in today is so much different than even when I grew up. Having to worry about internet, cell phones, etc...just add to the headaches already. I would not want to be a kid today and I feel bad for mine...But in this case the media needs to stop blaming the mortgage companies, they made business decisions that turned out to be bad. It does take two to tango...and Johnny and Sally should have read their mortgage documents and understood that a subprime loan will drastically increase payments after a year or two.

Great Kathy,

Most hoas don't realize how helpful code enforcement can be in many ways. Good for you.

Code enforecement has more power than we do plus they have city workers to do the job of knocking on the door or tracking down the owner and they also always get paid by leining the property and we don't need to pay the attorney. Works great.

"asking the court for a caveat that ALL expenses will be paid by whomever owns the home -- the bank or otherwise" You're spending money going to court? What is a "caveat?" A judgment? Against "whomever?" For which you'll need to file a lien? Which can get wiped out when the property is sold for less than is owed?

MaryA -- Beleive me, I am more than aware of what the ramifications and laws are -- I have been in the legal field for 40+ years and do not allow my Board to do things on a whim. However, our documents do give us some latitude about cleaning up the property and is part of the contractual agreement with the homeowners when they purchase their homes. If the property becomes unsightly and a hazard to others around them, we can go in and clean up the property and bill the homeowners. My concern as a board member is more about the neighbors' safety and health, then it is about the money. Fortunately, the rest of my board feels the same. I have gone to the court house and searched the records on this property. The owner died and left the property to her son, who has disappeared and also abandoned other property in another county. The home does not have a mortgage and the county attorney told me that it will probably be put up for auction on a tax sale. Since our HOA has an interest in the property because we are a mandatory HOA, we can bid on the property and will be notified when it comes up for auction. Because we are a mandatory association, no one can move in without an estoppel from the Association and all past dues, etc. are paid. This entire process becomes rather complicated and I am not looking forward to it, but we will do what we need to. We have a nice neighborhood and would like to keep it that way. Florida law is not always very clear about some things.

MaryA -- I actually have two properties here -- one has been abandoned and one is going into foreclosure. We were served with the Lis Pendis, which simply means that it is an intent to file foreclosure, the actual complaint for foreclosure has not yet been filed. When we filed our response to the foreclosure, we state the Association expenses and then we will file for attorney fees and costs and expenses. We may or may not be able to recoup, but it is worth a try.

We have a small HOA, 86 members. One of our homes was abandoned last year. The HOA kept the grass cut and liened the account. Before the property can be sold the title company MUST obtain a release from the HOA for a clear title. We issue such a clearance AFTER all back dues, fees and liens are paid. So far, it has worked out well.

The bank was "supposed" to have the grass cut every two weeks but their contractor didn't show for 3 MONTHS! The HOA did the job and advised the bank that "saying" you'll have it done and ensuring that it IS DONE are two different things. They didn't disagree.