Into the CRA(P) Again Questions or Will Pigs Fly?

February 12, 2010 at 11:34 am 1 comment

Let us see if pigs will fly 🙂

Questions regarding CRA Consent Judgment and Order. Please respond fully and in writing by Tuesday February 16, 2010 .

We have a contract with the City of Lorain dated June 4th 2007, Community Reinvestment Area Agreement for Residential Property Ohio Revised Code 3735. We are also documented as being a “new build as per county records June 2009.

1. How would signing the Consent to Terms of Consent order effect my contract with the City of Lorain ? Would signing this require a new contract? Would accepting make our previous contract with the City of Lorain null and void?

2. If we do not consent will the City make null and void our abatement (as contracted) by February 26th 2010. Would that not violate our existing contractual agreement?

3. Why do I have to agree to consent to receive my fees back, why is this tied into this order? Item 6 Page 12 of the Consent order states:
“The City will not collect fees from, and will reimburse previously collected fees to Consenting Homeowners”. Should we decline to sign how does that effect the reimbursement of our fees?

4. What happens if only a minority of homeowners as described in the Consent Judgment and Order sign the consent? Is there a minimum number required by the court?

5. Why is the Consent Judgment and Order tied to the passage of New Legislation in CRA 3 and 4?

6. What assurances do I have (remember I already have a contract that isn’t being honored) that I will receive my abatement ? I believe that I already have consented to receive an abatement as a new build; why do I have to effectively sign away any rights I have for redress if the City and County renege again?

7. Should City Council not pass the “New Legislation” how would that impact the Consent Order and Judgment ?

8. Should we be unable to meet with our personal attorney for advice on this by February 19th what happens?

9. The Form of Homeowner Consent to Terms of Consent Order states, The Property Owners acknowledge that they have been given the opportunity to review the terms of this Consent and the terms of the Consent Order with an attorney and have either reviewed this Consent and the Consent Order with an attorney, or have declined to do so.
Have you any idea how much an attorney will charge for the review and will the City, County etc. pay for this review of 18 pages of legalese?

This debacle has already cost the property owners who entered into a contract with the city in good faith. Will the City assist with our legal fees as per the settlement with the county attorney, will the City and or County help defray our costs by reimbursing legal fees incurred through this Consent Form or by supplying an attorney ?

10. If we do not sign the Consent Form are we liable to pay back our 2009 taxes?

11. If we agree to sign, when does the abatement start- are we liable for the current tax bill due February 26th ?

12. Please explain the term “Generally” those homeowners who purchased a home built between April 18th 2006 and December 31st 2008 can expect to receive the 15 year – 100% exemption on their home. WHO will not receive this abatement as per the word “Generally”?

13. Since we were never given a copy of the Consent Judgment and Order, nor a phone call back as to receive a copy, we had to access, download from the City of Lorain website, and print ourselves a copy. None of the attachments were available. Therefore, we were unable to review the complete Consent Judgment and Order. Where can the Exhibits be found as to being referred to in the Consent Judgment and Order?

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Entry filed under: city of lorain, CRA.

INTO THE CRA (P) AGAIN CRA (p) Quotes of the Day!!!

1 Comment Add your own

  • 1. Loraine Ritchey  |  February 17, 2010 at 7:11 pm

    Well the pigs didn’t actually fly but they did make the runway …Nikki’s questions were answered fully by the attorney for the city this morning, although not in writing, he did go over all of her questions- so thank you Mr. Smith

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