Home Government Brick Proposal Would Require Banks to Maintain Foreclosed Properties

Brick Proposal Would Require Banks to Maintain Foreclosed Properties

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A foreclosure sign in front of a home. (Credit: Jeff Turner/Flickr)
A foreclosure sign in front of a home. (Credit: Jeff Turner/Flickr)

The Brick Township council has introduced a new ordinance that would require creditors to register properties under foreclosure with the municipal government and properly maintain.

At a number of public meetings since the mortgage crisis of 2008, homeowners have complained that neighboring residences on their streets have been left in disrepair and not properly maintained by banks. In some cases, the township has had to send its own parks or public works crews to mow lawns and trim back overgrown brush.

The ordinance would require banks to take a number of actions, including serving the township clerk’s office with a notice indicating that a foreclosure summons and complaint was served against a property owner in town. Within 30 days of serving the property owner, a bank would be required to provide to the township a second document outlining an in-state representative who would be responsible for the care and maintenance of the property, whether the property being foreclosed on falls under the state’s affordable housing law, the street address, lot and block number of the property, and the full name and address of a part within the state that is able to accept legal notices on the bank’s behalf.

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If the home is abandoned or is considered a nuisance, the ordinance says, the creditor would have the responsibility of maintaining the property or abating the nuisance.

The township would have the right to charge for any repairs or maintenance it completes to a property, as it already does, but the ordinance gives the municipal government more teeth. A bank that does not maintain a foreclosed property would be subject to $1,500 per day fines as long a care, upkeep or maintenance violation persists after it is not repaired within a 30 day period – or a 10 day period if there is an imminent public health threat.

Banks that do not register foreclosed properties in the first place would be subject to $2,500 per day fines.

Council President Susan Lydecker said the new ordinance, if passed on final reading, would bring the township in line with current state laws on how municipalities can handle foreclosure situations.

A public hearing and final vote on the ordinance will be held at the Nov. 25 council meeting.


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  • Mark Story Jenks

    Best thing this year!

    • Gail Sands

      Agree with you Mark.

  • Andy Pat

    This is so common sense I thought it was already the law. If a homeowner is held responsible for the upkeep of a property and then loses the property to the bank, one would think the bank is responsible for the property that it now owns!

  • Guest

    Glad the town is moving forward on these empty homes. I am curi to see how they will collect the fines. Personal experience showed me banks are the worst at paying their bills.

  • Mindy Murray Moich

    Glad to see town moving forwzrd on these empty homes. Curious to see how they will collect fines from banks. Just personal experience has shown me banks are the worst at paying their bills.

    • JW P

      Put a lien on the house- the bank can’t dispose of the foreclosed property until they settle the bill with the township.

      • Mindy Murray Moich

        Yeah thanks, that sounds simple enough

  • Chief Wahoo

    Never going to Happen. The banks run the government. Get that thru your thick heads.

  • j.jones

    How many homes in Brick already in foreclosure ..? And I hope council has the power to get this done ..I don’t believe it will happen may depend on the bank and condition of the home .

    • JW P

      It might encourage the bank to bulldoze some the crappier ones, and that might be a good thing. I know some enterprising people in the building trades that keep an eye out for buildable lots in Brick because they can buy the lot, build on it and profit handsomely from the sale.