American Banker Article “A Side Effect of Foreclosure Wave: Real Estate on Books”

Safeguard was mentioned in an article on American Banker regarding REO properties.

A Side Effect of Foreclosure Wave: Real Estate on Books

American Banker? |? Wednesday, January 21, 2009

By Emily Flitter

As Washington continues to debate policy options for reducing foreclosures, banks and servicers are struggling to deal with the glut of homes they are taking over when homeowners cannot make their mortgage payments.

By some estimates, lenders now own 900,000 homes, and the Federal Deposit Insurance Corp. said “real estate owned” at insured institutions rose 21% from a quarter earlier and 134% from a year earlier, to $23 billion at Sept. 30.

Foreclosures now make up a huge chunk of the homes available for sale. The National Association of Realtors said 45% of sales involve foreclosed homes, compared with roughly 10% a year ago.

And lenders have yet to shift the bulk of their supply to the sale market. Rick Sharga, a spokesman for RealtyTrac Inc. said nearly 70% of the foreclosed homes in the firm’s database have not been listed for sale.

“There’s too many foreclosures right now for anybody — including us,” Mr. Sharga said. “The foreclosure problem has dragged the housing market down, which has led to an economic meltdown, and this has affected everybody. If the problem continues to worsen, none of us are going to be in business.”

Alan White, an assistant law professor at Valparaiso University, agreed that the pipeline is huge and “clogged at every step of the way.”

Observers say lenders are so preoccupied with other effects of the housing crisis that they are not focused on preparing homes for resale.

“Banks can’t and don’t have the time or willpower, and it’s hard fixing up homes when you’re managing them from a distance,” said Paul Miller, an analyst at Friedman, Billings, Ramsey & Co. Inc. “The system is not built to deal with this number of foreclosed properties. Even the people they’ve hired to deal don’t have the capacity.”

Potential buyers face a Catch-22 for REO properties, he said — an existing servicer will not perform the necessary repair work, and a new lender will not agree to pay for something that is as uncertain as a house in disrepair.

Ironically, according to Mr. Miller, given the size and complexity of banking operations today, the same bank could be working on both sides of a failing deal. “It could be B of A on both sides of the equation, and the complaints are coming from two different departments.”

Observers said that despite the extensive resources being spent on upkeep, the sheer volume of foreclosed homes is creating holes in property management. Borrowers forced to move have left behind houses in various states of disarray. Problems range from unwashed floors to holes in the wall where appliances once stood. In some neighborhoods, vandals have broken into unwatched houses to steal copper piping, and basements are flooded.

Also, homeless families have moved into abandoned homes, sometimes by design. News reports have described housing advocates breaking into foreclosed homes to let in squatters.

Kenneth Thomas, a Miami banking consultant, said that in some cases families who foreclosed homes from banks move in to discover someone else living there.

“In one case,” a new buyer “went to go inspect the property, met with a person living there, and the person living there had a bat,” Mr. Thomas said.

Others say institutions are being stingy in rehabilitating homes to attract buyers.

Dick Esposito, a Maryland developer who repairs and flips REO properties for Chevy Chase Bank, said it rarely approves work he deems necessary. In one instance, Mr. Esposito said, he argued for a $3,500 kitchen renovation to make a house saleable, but the bank’s strategy was to reduce the price of the home by $5,000 every month until it sold. (The bank did not respond to requests for comment.)

“When the basement floods, there’s mold. We rip out drywall, dry it out, spray it with mold retardant,” and the bank does not “want us to put the drywall back,” said Mr. Esposito. “They become unfinished basements.

Also, foreclosed homes in his area demand 24-hour surveillance, he said.

“I could see them putting a minimal amount of money in and…making more money,” Mr. Esposito said.

Lenders providing credit to buyers of foreclosed homes say banks that own the real estate are shirking their responsibility to make repairs in time for moving day.

Mark Savitt, the president of the National Association of Mortgage Brokers, said his members have encountered situations where servicers will not pay for repairs.

“If they really want to unload these properties, and I’m sure they do, what they need to do is move more quickly,” Mr. Savitt said. “When they get an offer, and if there are repairs, they need to work with real estate agents to facilitate that repair.”

Prof. White said foreclosures are eating up a lot of cash. “Right now the mortgage servicers have made a lot of advances. They’re paying legal fees, maintenance fees — they’re just unwilling to put another nickel into the house when they’re not sure if they’re going to get it back or not.”

Those defending the industry’s practices say servicers are not skimping on resources.

“A lot of banks get a bad rap,” said Alan Jaffa, the chief financial office of Safeguard Properties Inc., a Cleveland firm that lenders hire to manage foreclosed properties. “They’re spending hundreds of millions of dollars — if not billions — protecting homes.”

Ben Windust, the senior vice president of default and retention operations for Wells Fargo Home Mortgage, said REO resales get tricky when more than one firm is involved in any step in the process.

“If you’re servicing for others, like if you’re working on a short sale and the loan is with Fannie Mae or Freddie Mac, we have a certain amount of delegated authority to accept offers, and sometimes we don’t,” Mr. Windust said. “If there’s mortgage insurance, then you have to get approval from the mortgage insurance company. The approval process can sometimes delay a response.”

Federal efforts to respond to the crisis have made a dent in the supply. Housing advocacy groups and municipalities working to utilize the $4 billion of block grant money authorized by the Housing and Economic Recovery Act to help communities buy, rehabilitate, and flip foreclosed homes.

Several large banking companies also have undertaken voluntary modification programs. Those efforts may be mandated by Congress soon. The FDIC has been pushing a plan to use some of the Treasury Department’s $700 billion bailout to subsidize wide-scale modification efforts by servicers, and the Obama administration has said it supports the plan.

This month regulators unveiled guidelines instructing banks on how they could receive Community Reinvestment Act credit for preventing foreclosures through voluntary programs, reducing the blight of vacant homes on neighborhoods.

Robert Davis, the American Bankers Association’s executive vice president for government relations, called the guidelines “a very welcome recognition of activities that banks are already undertaking, that they should get CRA credit for.”

But not everyone says the institutions should be rewarded.

“We think it’s the responsibility of the banks to fix these loans, the bad loans that they made — they shouldn’t get extra credit for rectifying a predatory loan, for keeping the neighborhoods that they want to lend to intact,” said Alan Fisher, the executive director of the California Reinvestment Coalition.

Advocates touted other programs designed to keep homes occupied. For instance, Fannie, realizing that maintaining vacant homes poses challenges, is implementing allowing tenants in foreclosed properties to remain there and pay rent to the government-sponsored enterprise.

“Given that we’re trying to find a bottom” to the housing market, “that can’t really happen, given that you’ve got an excess level of supply,” Prof. White said. “We need to continue improving on ways of finding foreclosure alternatives, so if there’s any possibility that you’ve got a warm body in a house with any kind of cash flow, it’s worth working something out.”

USFN “MERS Enters into Pilot Project re Vacant Property Registration”

USFN.org published an article about a new program providing MERS data to municipalities and servicers in an effort to shore up gaps in vacant registration processing.

MERS Enters into Pilot Project re Vacant Property Registration

by Randall Bueter; Wilson & Associates, PLLC – USFN Member (AR,TN);
Robert Klein, CEO; Safeguard Properties, LLC – USFN Associate Member;?
and Douglas Licker, Mortgage Contracting Services, LLC – USFN Associate Member

On the heels of the foreclosure boom have come a vast and rising number of vacant properties. Municipalities throughout the country are enacting new ordinances, or enforcing existing ones, requiring the registration of vacant properties. Vacant property registration (VPR) ordinances require owners of properties that have become vacant or abandoned for a certain length of time to register formally with the local government. These VPR ordinances are as varied as the municipalities enacting them, but they all have the common goal of protecting their communities from a blight of neglected houses. Cities are challenged with determining a manner in which to make contact with property owners or mortgage servicers who control the destiny of the property, while servicers are frustrated by fines that show up in the title work just prior to an REO closing.?

As a result of a cooperative effort of the MBA, several national servicers, and MERS, MERS is offering a solution to bring the parties together. MERS is making its database available in a pilot program enlisting Boston, Massachusetts; Chula Vista and Stockton, California; St. Paul, Minnesota; and St. Louis County, Missouri. Property preservation companies are being added along with the servicer, and the cities are being allowed free access to the system. MERS iRegistration provides servicers with a cost-effective additional option to utilize the MERS system strictly for this initiative.? Some of the cities involved are waiving “hard copy” registration and fees for those that are posting their information with MERS.

This program offers a great deal of promise in achieving the goal of protecting communities. Experience has shown that when the cities and servicers communicate, both sides win. This program provides the vehicle to make that happen.?For more information about MERS, see http://mersinc.org/.

Editor’s Note: A VPR article?appeared in the Sept. ’08 USFN e-Update, containing a link to a VPR Matrix and soliciting readers’ assistance in keeping the matrix current.

Managing REO Safeguard Weatherhead 100 Centurion Award

An article in Managing REO magazine mentioned that Safeguard Properties was recognized as a Weatherhead 100 Centurion company.

Safeguard Properties Recognized

Cleveland, Ohio – December 4, 2008 – Safeguard Properties was recognized as a Weatherhead 100 Centurion Company at a ceremony held on December 2.

The Weatherhead 100 recognizes the best and fastest growing companies in Northeast Ohio. It was founded under the Weatherhead School of Management at Case Western Reserve University. Centurion companies are those with annual revenues over $100 million. This was the 12th year that Safeguard received this recognition.

Safeguard is the largest privately held mortgage field services company in the U.S. The company was founded in 1990 by Robert Klein and is based in Brooklyn Heights, Ohio.

ITN News at Ten – Cleveland, OH

Safeguard was featured in an ITN News report (Great Britain) on the foreclosure and overall economic crisis affectingareas in the United States such as Cleveland, Ohio.

To view the report, please click on the following video link: {mosviewer2 2 “ITN News at Ten – Safeguard Properties” “6907112785489275511” 1500 266}

DSnews.com Safeguard Weatherhead 100 Centurion Award

An article in?DSnews.com mentioned that Safeguard Properties was recognized as a Weatherhead 100 Centurion company.

Safeguard Properties Recognized as Weatherhead 100 Centurion Company

Carrie Bay | 12.04.08

Safeguard Properties was recognized as a Weatherhead 100 Centurion Company at a ceremony held on December 2.

The Weatherhead 100 recognizes the best and fastest growing companies in Northeast Ohio. It was founded under the Weatherhead School of Management at Case Western Reserve University. Centurion companies are those with annual revenues over $100 million. This was the 12th year that Safeguard received this recognition.

Safeguard is the largest privately held mortgage field services company in the U.S. The company was founded in 1990 by Robert Klein and is based in Brooklyn Heights, Ohio.

DS News “One Vision, One Voice for Vacated REO”

Robert Klein contributed an article to DS News about the wave of vacant property ordinances being considered by municipalities across the country.

One Vision, One Voice for Vacated REO

A Full-Fledged Effort Between Cities and the Industry to Create Workable Vacant Property Ordinances Is Key to Thwarting Urban Blight

The mortgage servicing industry faces enormous challenges complying with vacant property registration ordinances that either have been enacted or are being considered in municipalities across the country. Not only do these ordinances vary significantly from city to town, but many also are unwieldy and expensive to comply with, and some ironically have the potential to create more harm than the issues they are attempting to address.

One Vision, One Voice

All industry participants share the same goals with regard to vacant properties: maintain the properties and keep neighborhoods safe and secure. Reaching out and opening channels of communications
between municipalities and servicers is always important to build and maintain strong relationships
between our industry and the communities. However, the issue of vacant property ordinances requires that the servicing industry first work collectively to develop a unified voice and common platform in order to speak as one to address issues with municipal leaders on a national scale. By collaborating on best practices in a national forum, the industry can achieve these common goals most efficiently and effectively.

VPR Group Helping Keep Neighborhoods Secure

For this reason, servicers and field service providers have formed an ad hoc Vacant Property Registration Committee under the direction of the Mortgage Bankers Association (MBA) to offer input to municipalities considering ordinances. The goal of this committee is to engage cities in dialogue before they enact new ordinances, ultimately to ensure that the ordinances cities pass will achieve the desired result: effective maintenance of vacant properties to reduce and prevent neighborhood blight.

Currently, the committee is working to develop a “model” ordinance to assist municipalities in their efforts to create effective vacant property ordinances. This model will incorporate provisions from the most effective city ordinances across the country, with the hopes that cities will use it as the basis for creating their own. The purpose in creating this ordinance is not an attempt to impose the industry’s collective will on municipalities. Quite the opposite, it is to help them do their jobs more effectively.

The committee has held a series of industry calls to solicit input from servicing representatives.
Additionally, a list of vacant property ordinances has been developed that includes the municipality, ordinance enactment date, a link to the complete ordinance, and a summary of key issues in the ordinance. The list is available at this link. It is updated regularly as new ordinances are identified. Industry input calls have been held in advance of city meetings where ordinances are being discussed and proposed. In particular, the group has focused on larger cities enacting new ordinances or updating existing ones, since larger cities often become models for other cities to follow. Since May, Chicago and Riverside County, California, have held public meetings to present their proposed vacant property registration ordinances.

Concerns with Key Provisions

Provisions in proposed vacant property ordinances raising concern among industry representatives include the following:

? Lack of uniformity in ordinances

To comply with each city’s different ordinances, national servicers must amend servicing procedures for each individual city in which properties are located. Servicers are concerned that maintaining compliance will become more challenging with each new ordinance enacted across the country. Industry representatives recommended creation of a model ordinance as a guideline for cities to follow.

? Presale vs. postsale registration

Some ordinances require registration of properties within seven days of initiation of the foreclosure process. Servicers are concerned about presale ownership liability and implications of “mortgagee in possession.” A city may attempt to hold the servicer liable for the property, even though the property owner still has the ability to become current with the mortgage. Generally, vague language that is open to interpretation raises concerns. Specific to the seven-day registration requirement, servicers were concerned that this could include occupied properties, since the foreclosure process often begins well in advance of abandonment. The primary benefit of presale registration is that the municipality has a direct point of contact to address violations and safety concerns. With a point of contact established,
the expectation is that there will be a drastic reduction in the issuance of violations and unilateral condemnations. For postsale properties, servicers generally recognize the need to register properties, as they are full-fledged owners. Because servicers are not seeking to retain properties in their inventory, the recommendation is to allow for a registration window of 60 days after taking title or possession.

? Definitions of vacancy status

Servicers would like municipalities to define the term “presale” and clearly define the differences in vacancy status: vacant and maintained and vacant and abandoned. Industry representatives recommended separate registration requirements for presale and postsale properties.

? Presale ordinance requirements

The mortgage deed gives servicers the right and the responsibility to preserve and protect their mortgage collateral in defaulted and foreclosed properties. In presale, servicers are unable to comply with certain ordinance requirements because they extend beyond the preservation and protection stipulations. Examples of those include requirements to grant presale property access to city inspectors, removal of personal property from the interior and exterior of the property, and re-keying of all exits to deny access to homeowners.

? Maintenance contact requirements

Many ordinances require that the maintenance contact be located within a specific distance of the property. This requirement is challenging for servicers who utilize national field service companies. Additionally, in large metropolitan areas, it may require that many different contacts be listed based on the location of the property. Recognizing that the purpose of this provision is to ensure that issues are addressed in a timely fashion, the suggestion is to identify time requirements to address maintenance and safety issues. As a side note, some ordinances may require a city, county, or state contact for the purpose of serving legal notice. This is a separate issue that does not raise the same concerns.

? Registration fees

Registration fees vary widely, from one-time fees of $35 to annual fees in the hundreds of dollars-one locality even requires a $6,000 fee. Representatives raised the question whether fees are reimbursable by HUD and other investors and whether they should be added to the unpaid principal balance (UPB) if the loan is made current. The committee will request investor guidance on this.

? Penalties

Failure to comply with ordinances could result in fines of hundreds of dollars per month per property. In many cases, the ordinances do not consider “intent.” Additionally, in some ordinances, this requirement is vague and may imply that a penalty could be imposed at each occurrence or visit by an inspector. This could result in significant fines.

? De-registration of properties

Many ordinances do not identify a formal de-registration process. This may lead to cumbersome processes requiring inspections to establish proof of re-occupancy. Additionally, industry representatives generally believe that any de-registration process should identify the steps a servicer would take to remove its name in instances, for example, where the loan is sold and the servicer is no longer the responsible party.

? Property maintenance requirements

General statements in ordinances that properties be maintained to applicable building codes and local regulations are too broad, as they may entail code upgrades, cosmetic repairs, and other costly maintenance.

? Securing of windows and doors

In some cities, provisions are being considered to provide a more attractive alternative to boarding. In situations where metal alternatives are being considered, the group raised concerns about the increased risk of vandalism by metal thieves, the additional cost, and that current industry practice of bolt-boarding is the most effective way to keep a property secure from vandals.

? Signage requirements

Many ordinances require that properties have a sign visible from the street displaying the name, address, and 24-hour contact number. The concern is that this type of signage advertises that a property is vacant and actually could invite vandalism. Additionally, this requirement may be unworkable with multiunit structures, within gated communities, or where properties are part of a homeowners or condominium association, as there may be signage restrictions.

? Lighting requirements

Some ordinances impose requirements for lighting the property. This provision raised concerns because it is costly and invites theft of the lights themselves.

A Model Ordinance

Certainly the industry recognizes that vacant property ordinances are essential for communities to have in place to provide cities with legal recourse when property owners and others fail in their responsibility to maintain vacant and abandoned properties.

Additionally, each municipality has the right to enact whatever ordinances it chooses to maintain property values, uphold the integrity of neighborhoods, and protect the community from blight and crime.
At the same time, in enacting vacant property ordinances, cities don’t always understand how the servicing industry works and what efforts are currently being done to protect individual properties and thereby entire neighborhoods. Many cities, for example, are not aware that servicers utilize national field servicing operations to inspect and maintain properties, and that this process is usually far more efficient than having a local point of contact. Clearly, many officials drafting vacant property ordinances are not aware of the legal conflicts that some of their proposed ordinance provisions create. And most cities create ordinances without the benefit of field experience, which would help them consider the potential negative consequences that could result from some well-intended provisions.

Banding Together for Change

This is why the MBA and the Vacant Property Registration Committee are aggressively engaging in outreach efforts to open dialogue and offer the industry help and support to enact ordinances that are effective and enforceable, and that help cities respond to the growing challenges they face in dealing with vacant and abandoned properties-hopes that a “model” ordinance will be a useful resource for them.
In addition to reaching out to individual cities when ordinances are being considered, the industry is also raising awareness about the issue and offering its support and collaboration through the U.S. Conference of Mayors and other national forums.

In reality, the servicing industry and cities share a common goal-to shield communities from blight brought on by vacant properties and protect them from damage and vandalism. As an industry, it is in our best interest to collaborate with cities and be a credible partner in helping them develop workable vacant property ordinances.

Managing REO “Ramping Up REO Maintenance”

Managing REO recently published an article by Robert Klein, CEO of Safeguard Properties.

Ramping Up REO Maintenance

Real estate owned assets have to be taken care of and preserved in order to market these homes, which are?competing more and more with the growing traditional home market.

By Robert Klein

It wasn’t long ago when the path to an REO sale was pretty straightforward. After foreclosure, an REO property was placed on the market “as is”, with little more than basic “trash out” and maintenance services, and along came a willing buyer looking for a value-priced property.

In today’s slumping housing market, those days are gone. As traditional-sale homes linger on the market for months and even years in many parts of the country, bargain-hunting buyers have far more choices. REO properties now compete with reduced price traditional homes, and sellers are recognizing the need to rethink their strategies in disposing of REO properties.

In the past, field service companies focused primarily on property preservation – securing, maintaining and inspecting an REO property on a regular basis to preserve the seller’s asset. As the REO market has become more competitive, field servicers have adapted their REO service offerings to help their clients
maximize the value of REO properties in their portfolios.

One of the most important strategies in REO disposition is determining the optimal investment to maximize value and minimize time on the market. Investing too much may price the property out of the market. Investing too little may cause the seller to miss an opportunity to attract a strong buyer in search of a move-in ready family home.

Certainly, market potential is a key factor in the investment decision. A seller is far more likely, for example, to invest $10,000 in upgrades to a property with a half-million dollar sale potential,
compared to a property with a $100,000 potential.

Attention to details

Regardless of the potential sale price of the property, it is essential that sellers make the small investments that make a big difference. Even a significant investment in a high-value property won’t be
enough if a property lacks basic curb appeal and attention to minor details that cost little and add a lot. What are those details?

They start with the potential buyer’s first gaze at the property curb appeal. It won’t matter what a house looks like inside if the exterior is poorly maintained and the property looks neglected. This
is especially true if other properties in the neighborhood are well cared for.

Bottom line, if the house shows like an REO, prospective buyers will begin deducting value the minute they drive up to it. Buyers shouldn’t be able to tell the difference between an REO property and a traditional for-sale property, or for that matter, even an occupied house on the street.

The goal in maintaining the exterior of an REO should be to make it look like every other house on the street. Prospective buyers shouldn’t begin deducting value the minute they drive up. Rather they should immediately begin to imagine themselves living in the home and raising a family there. The grass should be cut, bushes and trees trimmed, and planting areas weeded. Mulching, minor repairs and even some
painting may yield stronger returns on the investment if they help to draw the prospective buyer to the front door.

The next detail to invest in is cleanliness, regardless of the property’s condition. When the buyer walks through the front door, the house should look and smell fresh and inviting. Washing windows and walls, scrubbing floors and carpets, adding air fresheners, and making sure kitchens and bathrooms
are spotless all can add thousands of dollars to the value of an REO property at very little cost. Something as simple as cobwebs can reduce an offer by thousands of dollars.

Higher value properties may warrant additional expenditures such as painting, minor repairs, updated fixtures and lighting, new flooring and carpets. These expenditures may yield additional returns from a buyer willing to pay more for a home that is “move-in” ready.

Protecting “precious metals”

There is an important additional incentive to assure that REO properties are unidentifiable to passers-by as vacant. As scrap metal prices have doubled and even tripled in some markets, vacant properties have increasingly become targets for metal thieves. This is happening not only in urban areas, but in suburbs as well.

All vacant properties are important to protect from vandalism. With REO properties, it is even more important because additional dollars have often been invested to make them market ready. A thief can steal metals that bring hundreds of dollars from a scrap dealer, and the damages they leave behind can run into the thousands.

In struggling neighborhoods, properties can actually end up with negative value if the cost to repair
damages exceeds the market value. If the property has to be demolished, costs can run between $5,000 and $10,000.

As REO properties languish on the market for longer periods, it is even more important to invest in upgraded maintenance packages on selected properties to keep them looking their best. A thief is less
likely to target a property that either appears occupied or one that appears to be receiving regular attention.

The value of teamwork

To move properties out of REO portfolios as quickly as possible and maximize the sale price, REO managers, brokers and field servicers must work as a team. The broker obviously is essential to determine the home’s market potential and to expose it to a wide audience of prospective buyers.

The field servicer’s job is to keep the property in the best condition possible, maintaining the home on a regular basis to the standards of the rest of the neighborhood. That includes cutting the grass, addressing repairs and maintenance issues as they arise, and providing routine “maid service” to keep the interior clean, dusted and fresh.

Brokers and servicers should be each other’s eyes and ears, backing each other up, quality-checking each other, and working together to protect the property interests of their mutual client.

San Diego Union Tribune “Chula Vista forces lenders to maintain foreclosures”

A recent article in the San Diego Union Tribune talks about recent changes in Chula Vista’s property ordinances.

Chula Vista forces lenders to maintain foreclosures

By Emmet Pierce
UNION-TRIBUNE STAFF WRITER

October 12, 2008

Some lenders think there must have been a mistake when they see the hefty fines they have received for violating Chula Vista’s blight-prevention ordinance for foreclosed homes.

“I had one lender call and say, ‘I got a $13,000 bill and I want to know what you did for $13,000,’ ” said Doug Leeper, the city’s code-enforcement manager. “I said, ‘I didn’t do anything. We’re not property managers. We fined you because you didn’t do anything.’ ”

Over the past year, the ordinance written by Leeper has become a national model for communities overwhelmed by spikes in foreclosures, analysts say. Hit hard by the mortgage market meltdown, Chula Vista has taken a strong stance against lenders and loan servicers who allow abandoned houses to become neighborhood eyesores.

Under regulations enacted last October, the city makes lenders responsible for upkeep as soon as a notice of mortgage default has been filed on a vacant dwelling, even if ownership of the home hasn’t formally been returned to the lender.

The city is able to do so because the lender retains the right and responsibility to secure and repair vacant properties, Leeper said.

“That is the cutting-edge part of our ordinance,” he said.

Lenders have registered about 1,100 vacant homes in loan default or foreclosure with the city. Failure to comply with the blight ordinance can result in fines of up to $1,000 per day.

So far, the city has levied $850,000 in fines and penalties and collected a little more than $200,000. In addition, Chula Vista has brought in about $77,000 through vacant-home registration fees imposed by the ordinance. Uncollected fines become liens against foreclosed properties, payable at resale.

Notices of default launch the foreclosure process. Traditionally, lenders wait several months after a notice is filed before they take on maintenance responsibilities for vacant homes, Leeper said.

That lag often forces cities to address blight issues on their own, removing tall weeds, draining dirty swimming pools and securing open structures. Typically they seek reimbursement later, but Chula Vista has used its blight ordinance to shift that burden back to lenders.

“Lenders will respond when it costs them less to maintain the property than to ignore local agency requirements,” said Jolie Houston, a San Jose land-use attorney who has studied the issue for the California League of Cities.

Ordinances that address blight are common, but typically they don’t target lenders so directly, said Jim Brooks, director of the Community and Economic Development Committee for the National League of Cities.

Some critics say Chula Vista is playing rough with an industry that already is struggling to cope with billions of dollars in losses from failing subprime loans.

“That kind of measure will add additional costs to banks that have been hit really hard already and ultimately the cost will be transferred down to consumers and investors,” said Marc Carpenter, a San Diego real estate agent who specializes in foreclosures.

Such criticism hasn’t stopped other communities from following Chula Vista’s example. Leeper said more than 300 jurisdictions nationwide have contacted him to learn more about the ordinance over the past year. Although most are in California, inquiries have come from such distant cities as Boston, Milwaukee and Dallas.

“This is where a lot of cities are starting, with a Chula Vista-type ordinance,” Houston said. “The more vacant foreclosed homes you have, the more city council members feel compelled to do something. They can’t fix the lending problem, but they can try to prevent neighborhoods from becoming blighted.”

So far, no cities that have adopted such measures have been successfully challenged in court, Houston said. Stockton, which had the nation’s highest foreclosure rate in August, has modeled its anti-blight measure after Chula Vista’s. Coral Springs, a community in south Florida, recently did the same. Closer to home, Santee, Riverside County and Murrieta have followed the Chula Vista blueprint, tailoring it to their needs.

Wednesday, Escondido City Council members voted to tighten property-maintenance regulations to hold lenders more accountable.

Like Chula Vista, Los Angeles and San Jose require registration of abandoned homes, but only after code violations are reported, Leeper said. San Diego also tracks abandoned, foreclosed homes, said Tony Khalil, senior code-enforcement engineer. The program is less aggressive than Chula Vista’s.

“We don’t focus on trying to penalize or collect fines,” Khalil said. “We focus on returning homes to productive use.”

San Diego County, which oversees unincorporated areas, hasn’t experienced the same level of foreclosures as urban areas, but it’s examining Chula Vista’s measure to determine whether any of its elements would be useful, said Pam Elias, division chief of county code enforcement.

Although approaches to the blight problem vary, American cities have been forced to pay close attention to vacant homes as the mortgage meltdown has progressed. Some community activists have described concentrations of abandoned homes as “dead zones” that attract vandals and drain the vitality from neighborhoods.

One of the biggest challenges that cities face in dealing with such homes is determining who is legally responsible for them. That’s because lending institutions typically don’t hold onto loans. They are quickly sold to generate income to finance additional mortgages.

“We get this house,” Leeper said. “We pull the title documents. We say, ‘Look, it’s ABC Mortgage.’ We call them and they say, ‘Are you kidding, we sold that loan two months ago.’ ”

In that case, Leeper and his staff return to the title documents and send out notices to everyone whose name and address is listed. Sometimes the only way to find out who holds the mortgage on a home is to place a lien against the property. That way, the dwelling can’t be sold until the lien is paid.

During the recent housing boom, billions of dollars in home loans nationwide were bundled into securities and sold to Wall Street investors. When mortgage-backed securities were in demand, lenders lowered underwriting standards to keep home buyers in the market after real estate prices soared.

“We had people buying more house than they could afford with creative financing they didn’t understand,” Leeper said.

Within San Diego County, there were 1,979 foreclosures in August, a 1 percent decline from July, but a rise of nearly 140 percent over the previous year. The 91913 eastern Chula Vista ZIP code led the county in notices of default, with 106 filings. That area’s 94 foreclosures represented a 154 percent increase over the August 2007 figure.

Robert Klein, chief executive officer of Safeguard, a property-management firm that represents lenders nationwide, said he understands why cities are concerned about blight. Even so, Klein complains that the adoption of Chula Vista-style ordinances is complicating the lives of lenders and property managers, who now must adapt to different sets of rules.

“Every day we discover a new ordinance coming out somewhere,” Klein said.

Having to work with “a patchwork of local ordinances” will drive up the costs of lending, said Dustin Hobbs, spokesman for the California Association of Mortgage Bankers.

Hobbs said there is no need for California cities to adopt ordinances because they already have the authority to levy fines for housing blight under recently approved Senate Bill 1137.

Houston countered that unlike Chula Vista’s measure, the bill does nothing to require lenders to speed up the maintenance process.

Allan Mallach, a senior fellow with the Brookings Institution, said the Chula Vista measure is an important tool for cities fighting blight.

“This issue of holding lenders or creditors responsible from the point when the foreclosure begins rather than after they take title is tremendously important,” Mallach said.

NY Times “Vacant, With Much to Maintain”

A recent article in the New York Times talks about maintaining vacant properties in Long Island.

Vacant, With Much to Maintain

By MARCELLE S. FISCHLER
Bay Shore

PAUL CARLOZZI, a quality control inspector for Safeguard Properties, a national property preservation company, walked the perimeter of a one-story brick and frame house, valued at $300,000 but now in default and vacant.

Mr. Carlozzi noted that a contractor had been hired to clear 48 cubic yards of debris from the yard and mow the three-foot-high grass. He said the door locks had already been changed.

But then he noticed that two windows were open. That was “not a good sign.”

“Contractor!” he yelled, opening the front door with a master key, warning any trespassers of his presence. “Anybody in here?”

The house had no running water or electricity, and it reeked of mildew. But that hadn’t deterred a “squatter” from using “a makeshift bed set up in one of the rooms,” said Mr. Carlozzi, a 30-year-old former marine.

Vandals had already taken copper piping and the furnace, “so there is minimal left to steal,” he added.

But he was having another contractor dispatched anyway, to “secure the property” by boarding up windows and installing security doors.

Hired by banks and other lending institutions on the Island, home preservation companies are racing to keep increasing numbers of foreclosed properties from sharing the fate of the Bay Shore house.

Robert Klein, chief executive of Safeguard, said that in September his 25 local inspectors and contractors did 8,500 default inspections in Nassau and Suffolk Counties and filled 330 maintenance orders for cutting grass and making repairs. The numbers represent a sliver of the company’s nationwide business during that time: 250,000 maintenance orders and 750,000 inspections to verify occupancy.

“We are seeing an increase in damages to properties,” Mr. Klein said. “We try to do everything we can to lessen the impact” to the neighborhood.

According to the research firm PropertyShark.com, foreclosures on the Island reached a two-year high in the third quarter of this year. There were 716 new auctions scheduled – 37 percent more than the number recorded over the same period last year.

One in every 1,398 homes in Long Island is scheduled for auction. Nassau County has one in every 932 homes, while in Suffolk the number is 2,422. The glut is most visible in the boarded-up homes in areas like Brookhaven, which has had 113 foreclosures, and in Hempstead village, where there have been 60.

During a recent week Mr. Carlozzi, who is based in Cleveland, inspected 52 area homes in various stages of the foreclosure process.

Such inspections include everything from driving past dwellings whose owners are 45 days late on payments to verify occupancy, to winterizing pipes and making monthly stops at homes that are vacant but haven’t yet gone reached the stage of a foreclosure auction.

Mr. Carlozzi says he also meets with contractors to repair homes repossessed by banks, so they can be put back on the market.

Mr. Carlozzi said that some distressed homeowners “sweep the floors” when they leave, while others harbor resentment at the downturn in their lives and “may take out their aggression on the property.” Thus cabinetry, appliances and plumbing may have been ripped out before he arrives, he said – though it is sometimes hard to determine whether the damage was done by homeowners or vandals.

Sometimes, the abandoned homes are used for parties or prostitution, he added.

Just down the block from the house with the squatter, Mr. Carlozzi inspected a boarded-up new home with nearly 4,000 square feet of space and balconies on three levels. An outside spigot had been ripped out and baseboard heaters were missing.

Mark Palladini, an associate broker who specializes in foreclosed properties with Re/Max Best in West Babylon, is trying to sell that bank-owned property for $475,000. Its builder, caught between the crumbling real estate market and the mortgage crisis, lost the house and a similar one next door to the bank, he said.

According to Mr. Palladini, “Copper around here is the new gold.” Vandals chopping out copper pipes and wiring “leave $75,000 worth of damage at times.”

Once eager for a bargain, speculators have been reluctant to buy foreclosed houses at auction, said Bill Staniford, chief executive of PropertyShark. Nearly 90 percent of the 336 foreclosed Nassau County properties that went to auction went back to the bank that made the original loan, leaving a growing pool of vacant and unsold properties that the banks must try to resell and, in the meantime, pay preservation companies to maintain.

Safeguard contractors fix broken stairs and leaky roofs, replace stolen fixtures and do “maid service,” dusting out cobwebs, scrubbing toilets and countertops to get the homes “into marketable condition.” They also remove belongings that occupants have left behind.

“We want to put families back in these properties,” Mr. Carlozzi said. “We aren’t looking for investors; we want homeowners.”

Todd Yovino, the owner-broker of Island Advantage, takes care of hundreds of foreclosed properties that his Huntington-based realty company handles in the metropolitan area. His firm does weekly status reports on delinquencies and helps evicted occupants with relocation.

“We are picking up the Pennysavers” off the driveway, “so the neighbor next door who is paying his mortgage and has a vested interest doesn’t need to look at an eyesore,” he said.

Boarded-up homes are a “calling card for the vandals,” Mr. Yovino said, adding that instead, he tries to keep lawns neat, put blinds in the windows and leave lights on timers.

“As soon as you board them,” he said, “you are taking off 10 to 15 percent of the value.”

Mr. Carlozzi likened his job to that of “a mortician, waiting on the tragedy of another to make a living.”

At an abandoned high ranch in Bay Shore, a pool table had been left in the living room, a pile of clothes in the laundry room, a box of crayons and a computer on a desk. There were glasses on the kitchen counter and rolls of Christmas wrapping paper in the closet.

It seemed as if “it’s all been left in a hurry,” Mr. Carlozzi said.

DSNews “Safeguard Properties Connects Homeowners with Counseling Agencies”

An article in DSnews.com mentioned Safeguard Properties’ new door-hanger initiative.

Safeguard Properties Connects Homeowners with Counseling Agencies

Rachel Daniels | 10.06.08

Safeguard Properties, a privately held field services company located in Cleveland, Ohio, announced that they have added an additional contact number to the ?door hanger’ notices they place on the doors of delinquent borrowers on the 45th day of delinquency and continuing monthly through the delinquency and foreclosure process. While typically the door hanger would have the contact information of the mortgagee, Safeguard will now also print contact information for the Homeownership Preservation Foundation’s 888-995-HOPE Hotline, which according to Safeguard has expanded their call center operation to support the projected increase in calls and to facilitate service to both HOPE NOW Alliance and non HOPE NOW Alliance member servicers. Safeguard estimates that these ?door hanger? inspections are performed on over one million delinquent loans monthly

According to Safeguard, ?foreclosure prevention has a greater chance of success when it reaches borrowers in the earliest stages of delinquency. It has been proven that expanded outreach, education, and counseling efforts by reputable homeownership education and counseling organizations, and state /local government can get homeowners on track as early as possible.? Safeguard hopes that this additional, free service will encourage more homeowners to become proactive when their loans are becoming delinquent.