Foreclosure Bill OK’d

by Leonard J. Honeyman | October 17, 2008 8:30 AM | | Comments (14)

panel.JPGA new idea for tackling the foreclosure crisis advanced, as the city looks to force distant owners of distressed properties to stay in touch and within reach.

The new proposal sailed through an aldermanic committee Thursday night. It would require property owners to notify the city when they initiate foreclosure proceedings.

The idea is to prevent or at least have time to deal with many of the foreclosures plaguing New Haven neighborhoods, many of them initiated by out-of-state lenders swamped with debt amid a national foreclosure crisis. City officials and neighbors often don’t know who owns abandoned properties, or don’t know how to find representatives of lending institutions until it’s too late.

Through efforts like the new public-private coalition ROOF, officials hope that with more advance notice they can help people take advantage of available programs to stay in their homes and help neighbors respond. In the process, they hope to prevent struggling neighborhoods from descending into blight.

The proposal was put together by Fair Haven Aldermen Joseph Rodriguez and Erin Sturgis-Pascale. They’re pictured above listening to Cathy Schroeter, acting deputy director of the city government’s Livable City Initiative, advocate for the new rule at Thursday night’s City Services and Environmental Policy Committee meeting. Now that the committee passed the bill, it moves to the full Board of Aldermen for approval.

Under their bill, the so-called foreclosing entity — that is the business holding the mortgage in arrears and moving to take over the property — must register the property as being under foreclosure. It must give LCI the foreclosing entity’s contact phone number and address in Connecticut within seven days of starting the foreclosure action.

If the property is abandoned, a caretaker’s contact information must be provided. Neither address can be a post office box; the registration would cost $100 for a year. There would be a fine of $250 a day for noncompliance.

A business or person also must register a property taken over by foreclosure within seven days or face the fine.

Because there is already a contact ordinance in place for rental property, the prospective law was structured as an amendment to the licensing and permits section of the city ordinances.

“I’m very worried about neighborhoods backsliding” and becoming a magnet for crime with grass growing tall, Sturgis-Pascale told the committee Thursday night.

LCI’s Schroeter said the new rule could solve many problems, including finding property owners to make them responsible for the parcel’s condition and to notify police to tell them it’s abandoned. Perhaps most important, it would help officials or neighborhood specialists give residents as much notice as possible of the foreclosure and possible remedies.

“First and foremost, we need to identify property owners who are in trouble,” said Chrissy Bonanno, city government’s deputy economic development administrator. Bonanno said there are more than 800 vacant structures in the city; she didn’tt didn’t know how many were undergoing foreclosure. A quick check of ForeclosureListings.com showed 50 foreclosed homes for sale in New Haven.

The number of foreclosures in New Haven rose 80 percent in 2007, to well over 1,000, with many more on the way.A city task force this spring identified another 4,000 homeowners at risk of foreclosure, often because they have shaky credit and took out subprime adjustable-rate mortgages.

Those supporting the Rodriguez-Sturgis-Pascale ordinance said that people being foreclosed upon often react like deer in headlights, aware of what’s happening but too shocked to do anything. Mortgages are taken over by large, out-of-state lenders, some of which have been bounced around like billiard balls because of the economic crisis.

Banks and mortgage bankers and brokers have sold the mortgages or hired servicing companies, sometimes a continent away, to collect the payments. Homes with such mortgages are littered throughout the city, in all kinds of neighborhoods.

nobodyhome.JPGThe home in this photo, for instance, has not been lived in for weeks and neighbors don’t know its status.

According to the ordinance, some of these out-of-town entities “neglect their properties, leaving them empty for months or years at a time, creating a serious blighting influence and public nuisance.” Because of that, city officials and neighborhood specialists have spent too much time trying to find out who owns a piece of property, the preamble said.

Knowing when property is being foreclosed upon early in the process allows counselors to be sent out to explain alternatives to homeowners, Bonanno said after the hearing. There may be ways to work out the problem with the mortgage holder such as loan modification or, at least by appearing in court, put off the inevitable for a time. (Click here to read a story about one successful effort in town.)

Schroeter said it might take as long as six months for a foreclosure to go from the first notice, called a lis pendens, to the actual foreclosure itself. Having information that the lis pendens has been filed within seven days, as the ordinance would require, gives the homeowner more time to tackle his predicament, she said.


Previous Independent coverage of New Haven’s foreclosure crisis:

Singh Seeks Home For A Song
Foreclosure Bargain — & Renewal — Jeopardized
Bank Outbids Akbar; Family May Keep Home
“So Don’t Worry About Pablo”
Bankruptcy Postpones Foreclosure
Next-Door Foreclosures, 53 Years Apart
They Met On Foreclosure Way
Little Garage Draws Big Bids
A 2nd Chance on Lewis Street
Foreclosure Attracts New Breed of “Specialist”
In Foreclosures, Judge’s Hands Tied
Home Saved From Foreclosure. Cycle, Too
A House For Precious?
Deutsche Bank Grabs Dixwell Condo
Reluctant Bidder Snags F. Haven Bargain
Well, There’s Always Powerball
Neighbors Retrieve Home From Bank
Somebody Has Plans For Bassett Street
Foreclosed, the Khennavongs Leave the Santanas
Foreclosure Steal May Be Too Good
2nd Foreclosure in 3 Months Dims Bright St.
After Foreclosure, W’ville Owner Still Hopes To Sell
He’s Not Buying, Yet
Quiet Foreclosure on Porter Street
3 Minutes Too Late
Historic Gambardella Property Foreclosed
2 Homes Lost, 1 Gained
“Everybody’s Got To Eat”
More Foreclosures, More Signs
Foreclosure Sale Benefits Archie Moore’s
Rescue Squad Swings Into Action
A Bidder Shows Up
Bank Beats Tanya’s Bid
Westville Auction Draws A Crowd
DeStefano: Foreclosure Plan Ready
Can They Help?
“We Should Over-Regulate These Bastards”
Rosa Hears of Rescues
WPCA Grilled on Foreclosures
WPCA’s Targets Struggle To Dig Out
Sue The Subprimers?
WPCA Hearing Delayed
Megna’s “Blood Boils” at WPCA Tactics
Goldfield Wants WPCA Answers
2 Days, 8 Foreclosure Suits
WPCA Goes On Foreclosure Binge
A Guru Weighs In
WPCA Targets Church
Subprime Mess Targeted
Renters Caught In Foreclosure King’s Fall
She’s One Of 1,150 In The Foreclosure Mill
Foreclosures Threaten Perrotti’s Empire
“I’m Not Going To Lay Down And Let Them Take My House”
Struggling Couple Sues Over “Scam”

To learn about the ROOF Project, a community-wide effort to help New Haveners navigate the foreclosure crisis, click here.

The following links are to various materials and brochures designed to help homeowners avoid foreclosure.

How to prepare a complaint to the Department of Banking; Department of Banking Online Assistance Form; Connecticut Department of Banking, Avoiding Foreclosure; FDIC Consumer News; Statewide Legal Services of Connecticut, Inc; Connecticut Bar Association Lawyer Referral Service.

For lawyer referral services in New Haven, call 562-5750 or visit this website. For the Department of Social Services (DSS) Eviction Foreclosure Prevention Program (EFPP), call 211 to see which community-based organization in the state serves your town.

Click here for information on foreclosure prevention efforts from Empower New Haven.







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Comments

Posted by: robn | October 17, 2008 9:20 AM

This is exactly the kind of "think globally, act locally" thinking that we need from the BOA. Thank you Alders Rodriguez and Sturgis-Pascale.

Posted by: Heightz | October 17, 2008 9:31 AM

Whoa - nice work alders !!

Posted by: Gary Doyens | October 17, 2008 10:02 AM

Why should it cost $100 to register your foreclosure with the city? I think it's a good idea they register but why charge a fee? It takes 2 seconds...or is this an attempt to replace the declining sales tax revenue from the sales and flips of so many properties during the spike in real estate values that lead to this mess?

Posted by: Outcome | October 17, 2008 11:39 AM

Owners of foreclosed properties are unlikely to comply. Lack of knowledge of the ordinance will be one reason. Also their overworked, overstretched staff will be another. Remember, the banks are in dire straits right now.

The result will be the city taking over many, many properties. The consequences will be

* Higher taxes to support LCI trying to stabilize abandoned houses

* A reduction in the tax base as these properties become uninhabitable

* Future retiscence to lend by bankers in a city where property is siezed by obscure ordinances.

* A property price collapse in the city

* Sky high tax rates in the future

While I applaud the city's attempt to reduce the problem, I fear this will only worsen it.

As usual Johnny Boy's had a another "brilliant" idea. I think there should be a competition to find a new and more accurate nickname for him. I think Mad Dog Johnny would be more accurate.

Let the markets work is the best solution. This will not happen before November 2009.

Posted by: Heightz | October 17, 2008 12:32 PM

Outcome:

Though I agree with some of your thoughts I adisagree with the banks will not comply. I believe by the virtue of this being on the books banks and other out-of-state lenders will comply given this economic state why risk additional fines?, they'll be insane not too. Plus to take a pro-active approach to encourage these banks to hire a management company to mantain these properties isn't a bad idea. I live in the fair haven heights section of the city and can point out a number of properties that are abandant and just sit there. I applaud them trying to take a pro-active approach to have out of state lenders mantain their properties.. at a minimum.

Posted by: robn | October 17, 2008 1:01 PM

OUTCOME,

Theres nothing in this article stating that the city would seize property and take it off of the tax roles. This ordinance simply creates a tracking mechnism to

a) try to prevent foreclosure in the first place, and

b) hold a foreclosing entity accountable for property upkeep.

Posted by: Kevin Ewing | October 17, 2008 1:14 PM

Outcome (hope this isn't coming off too strong as it is intended to foster dialogue):

First, this didn't come from the mayor but from two alders in wards full of newly abandoned houses. As a resident of West River I've seen our list go from 62 vacant homes a few short years ago to 4 last year and now back up to 42 as of the end of August. I don't know about you but I don't want to wait a year for this to resolve itself. We trusted the 'markets' before and look where we are.

Second, what about the expense already incurred by LCI (meaning us taxpayers) to clean up and secure these abandoned houses with no one to subrogate the costs. Have YOU ever tried to figure out who owns these homes? I have. It ain't easy.

Third, this gives the city real reasons to legally take the homes and perhaps turn them over to resident homeowners and get them back on the tax producing rolls quickly.

Fourth, taxes are already high so I see nothing wrong with trying to get back some of the unnecessary expenditures.

Fifth, an equally possible end result could be a reluctance by banks to foreclose on homes so quickly or at least an increase in the likelihood that they will let someone buy them at auction. You are very correct in that the banks are in big trouble... trouble that they themselves created by lending to unqualified buyers. Agencies like NHS, Hill and Dwight Development and HRI are begging for homes to rehab and resell. They have subsidies to put low income first time buyers (in some cases low income means 120% of area median income) in these houses and they have people waiting in the wings to make these purchases.

Lastly, I see criticisms but no suggestions of a better way to do it. What you got?

There are enough real things to be mad at DeStefano about but we can't blame him for everything. We overestimate his power when we do that. He's a human being and will make mistakes. We all have our opinions on how things should go and they might often flow differently from what he thinks. That's called life. We have a recourse... it's called voting. Furthermore, we must admit that he often has good ideas that really work. Give credit where credit is due and do likewise with blame.

No one expects this legislation to be the 'saving grace' for our vacant property problem but it is a valiant step in the right direction.

(I have GOT to stop with the long posts. Sorry folks.)

Posted by: Outcome | October 17, 2008 2:22 PM

To robn

Siezure is implied by the $250 a day fine. If the bank takes 6 months in getting round to deal with New Havens problems that's $45,000. If a year its $90,000. Thats more than these houses are worth. Look at some of the listings on the Board of Realtors web sight. The banks know the Feds will bale them out on this. The banks will concentrate on the forclosed $5,000,000 mansions they may get $500,000 for in Las Vegas or California or Miami. They will get some money back there and make a profit. Remember it takes a lot of administration to do these things. It costs money.

Look at the crane double taxation issue. Look at the sales tax plan to hit IKEA last year.

The city goes after the easy money. It frightens away business people with initiative that can solve problems.

To Kevin Ewing

I do understand your position. On a humanitarian level you are trying to do the right thing. It wont happen as government money is needed. The Feds have about $5 trillion in debt already thru unbalanced budgets since Nixons days. I'll put the zeros on so you can get an idea what that looks like

$5,000,000,000,000.

Another $1 trillion is estimated to be needed to bale out the banks. The stockmarket has gone from 14,000 to 9,000. Thats $2 trillion of peoples money thats evaporated.

It took ten years from the 1929 crash for things to get better. The point I was making with Mad Dog Johnny is that he is campaining on an issue he cant do anything about. Hes giving people false hopes. Thats really very dishonest.

Things will get worse before they get better and we can all expect the city to look like a battleground for several years to come.

What we need is a mayor that concentrates on providing high quality basic services at a reasonable cost. Police, Fire, Education, Health, Streets and the absolutely necessary social services. Where is the fairness in helping someone who has been greedy and bought a house they cant afford. There is a homeless family out there that have lost there jobs. They are the ones most in need. Help them.

No. DeStefano has held power by pretending to help the poor. He only helps the rich. He gives big tax brakes to Shartenburg and then expects to get PILOT money from the state. So we pay for his follies in our state tax and not our property tax. Tax is tax is tax. It doesnt matter who you pay it too.

This is his latest game. Pretending to help people going into forclosure.

Posted by: robn | October 17, 2008 2:32 PM

KE,

I see nothing in the article about the City taking propoerty...only about fining those who don't care for the properties.

Posted by: robn | October 17, 2008 5:36 PM

OUTCOME,

The city should protect the rights of taxpaying homeowners and demand that institutions who foreclose are taking care of properties. This is as reasonable as asking homeowners to take care of their properties, which LCI currently does.

There is little incentive for the city to seize property.

Your theoretical 90K house at 44.21 mill rate pays about $4,000 annually in taxes. Add to that the cost of a caretaker and the cost of maintaining the empty house is far cheaper than getting fined at such punitive rates (your math seems correct and a year of $250/day is about 90K). So through disincentive, this law creates a great incentive for foreclosing institutions to maintain the houses or sell the houses.

Posted by: Alan Felder | October 18, 2008 12:01 AM

Another policy from the anti-Black BOA, I smell a Black Tax!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted by: robn | October 19, 2008 8:19 AM

AF,

How is trying to intervene upon a foreclosure process and assist homeowners, many of whom are african american, anti-black?

Posted by: Edward_H | October 19, 2008 9:14 AM

Alan Felder

Another policy from the anti-Black BOA, I smell a Black Tax!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Would you mind explaining how this is a "Black Tax"?

Posted by: Kevin Ewing | October 20, 2008 10:08 AM

Mr. Felder, I don't know you though I have seen you at several events. I don't believe I have EVER seen you smile. I have never seen you have anything good to say about ANYTHING!!! What I see is a person so consumed by hate and fear that he is about to explode.

How can you claim to be so PRO black but pal around with a group of haters who have partnered with groups known historically to promote slavery, Jim Crow and outright hatred of anything or anyone that isn't white? You are being used, bruh.

I've tried ignoring your nonsensical rants. I've tried getting angry at you. Now I feel sorry for you. Your hatred is eating you alive. This isn't just about immigrants and it is DEFINITELY not about being black. There is something much deeper going on in you and I pray you get it under control before you loose your mind.

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