Archive for July, 2015
Monday Morning Update: FYI– the response received from the Lorain County Auditor’s Office with reference to my question as to where does the ” sale being blocked come from”- because I can’t find any where it would happen– the process seems to be reactive rather than proactive ”
The purpose of transferring deeds through the Auditor is to maintain an accurate record of property ownership and parcel identification and to collect conveyance fees required by Ohio Revised Code (ORC) Section 319.20 and 322.02. – See more at: http://www.clarkcountyauditor.org/auditors-office/real-estate-division/#sthash.Ouscfi5Z.dpuf
I am responding to your July 21, 2015 email regarding – Point of Sale Lorain question.
The purpose of transferring deeds through the County Auditor is to maintain an accurate record of property ownership and parcel identification and to collect conveyance fees required by Ohio Revised Code.
At the time of transfer, our office will review and process documents as prescribed by the Ohio Revised Code and the Lorain County Standards for Land Conveyances. Under the laws that we must follow, there is no language that mentions a point of sale inspection must be completed in order to transfer real property. Therefore, the County Auditor has no authority to stop or reject any real estate from transferring that did not complete a point of sale inspection.
Real Estate Assistant Chief Deputy Auditor
Part One– https://thatwoman.wordpress.com/2015/06/15/lorain-common-core-values-and-math-pt-1/
Part Two- https://thatwoman.wordpress.com/2015/06/22/lorain-common-core-values-and-math-pt-2/
Part Three- https://thatwoman.wordpress.com/2015/06/25/lorain-common-core-values-and-math-pt-3/
Part Four- https://thatwoman.wordpress.com/2015/06/30/lorain-common-core-values-and-math-pt-4/
The Point of Sale – Lorain- Do they or don’t they- Laws conveniently broken!!!!!!
When Point of Sale was introduced January 2014
“Effective January 1, 2014, The City of Lorain enacted Ordinance No. 173-13 in connection with the Point of Sale Program.”
Oh there was such an uproar- banks – landlords – realtors all screaming blue murder.
The local news media covered the situation the pros and cons
” Sales would be blocked until repairs are made and failure to make repairs could result in first-degree misdemeanor convictions and up to six months imprisonment, a $1,000 fine or both.
For those of us, living in this old neighborhood, that has been diced, sliced and abused for decades, proponents of POS this was good news- maybe some of the rot in Lorain would be abated.
Banks such as First Federal Savings and Loan- the neighborhood bank( as they proclaim themselves) had issues- Well I have issues with them their track record of dumping property in this neighborhood leaves a bad taste in my mouth.
I say dump because their sales prices have run anywhere from 10,000 on up to as recently as $22,000 ( actual 12,000 we were reliably informed) on my street which has caused in my opinion our property values listing to tank- thank you very much.
But let us take a look at the poster child of the media
1348 West Erie– This “historical” although not quite as historical as the state led us to believe
made the Morning Journal http://www.morningjournal.com
Lorain house sets record with $45,750 escrow requirement
In this case the home was owned ( after a foreclosure by)
The home is owned by the Federal National Mortgage Association, commonly known as Fannie Mae
So Fannie Mae ( weren’t they one of the culprits in the 2008 in the subprime fiasco))
HOW did this property – the poster child of history mystery AND of the highest record amount to be put in escrow manage this transfer after 13 MONTHS AFTER POINT OF SALE ?
Parcel Number: 02-02-027-105-007 – 1348 West Erie- Lorain
Owner Name &
Address: KAJA HOLDINGS 2 LLC
16 BERRYHILL RD COLUMBIA, SC 29210
Tax Bill Mailed to: KAJA HOLDINGS 2 LLC
16 BERRYHILL RD COLUMBIA, SC 29210
In fact another property in our “hood” transferred quietly
329 Hamilton Ave.
You might remember this one if you read this blog it was mentioned as having a blue tarp roof for three years but it too changed hands – once nine months after POS ( foreclosure ) and then the “bank” sold it on 11 months after
Having a quick look at the info as to the buyer – the tax address and the owners looked familiar – Yes! that is correct another LLC using the same address as the purchaser of 1348 West Erie Address: RVFM 11 SERIES LLC
16 BERRYHILL RD COLUMBIA, SC 29210
A rose by another other – stinks!!!
The questions began to the county and the city – where was the sales would be blocked portion of the program-( as mentioned in the Chronicle Telegram article)? Because obviously( as far as I could check) they aren’t in these cases.
The Lorain County Recorder’s Office is the final stop in a real estate conveyance. We record documents as they are presented, and follow the rules of the Ohio Revised Code. We operate solely under those rules. I am unaware of any language in the Revised Code that would require our office to check for compliance with the Point of Sale program in Lorain. My office doesn’t receive anything (i.e. forms or applications) included with a deed that would alert anyone to whether or not it has complied with this program, and I don’t believe that we could legally stop a deed from recording based on it’s status with the Point of Sale program.
Lorain County Recorder
Back to the city and this is how it works – Heather Graves , Building Dept. answered my questions
1. Seller makes application and pays the $100.00 fee (single family) $200.00 for duplex. Inspection is set up within ten business days of application.
2. Inspection is performed. The list of violations are established. If escrow is requested – the escrow report done. Paperwork given to me, and I get the information to the appropriate parties.
3. At this point there are two options. The seller can either make the repairs and call for a re-inspection and if all passes the Certificate of Inspection is issued, and the property can transfer. If the seller does not wish to make the corrections; the buyer can assume these and put the required escrow (the escrow amount is negotiable – with a material list or contractor quote the escrow amount can be lowered as long as approved by the inspector that did the inspection AND the Chief Building Official) amount into a private escrow account until the repairs are made, re-inspected and approved. I receive the original Notarized statement of assumptions and a letter from escrow agent stating that the funds will not be disbursed until the repairs are made; I then issue the Conditional Certificate of Inspection which is valid for six months (the allotted time per ordinance for the repairs)and the property can transfer. The ordinance does allow for one draw on the escrow (once half of the repairs are made or so) so that the buyer has the funds to complete the repairs. Once all repairs have been approved the final disbursement of escrow is released and the Certificate of Inspection is issued. The inspection is valid for one year from date of issuance (date of payment).
4. If the seller does not make application with the city and the property does in fact transfer without the above mentioned process; I go through the real estate transfers (usually every two weeks or so) and do the checks and balances on all transferring property. I then send out the violation letter along with a copy of the ordinance informing of the point of sale. The letter goes to both the BUYER and the SELLER (per the Law Dept). If the point of sale is not performed I will turn this over to the Prosecutors office so that the parties can be served and taken to housing court. Since the ordinance has taken effect (I don’t have exact numbers I apologize) but I would assume that are 50 properties have been served. There is a penalty clause in the ordinance that there is a penalty (up to) $1000.00 and (up to) six months in jail.
Your assumption is correct – I do in fact go through the recent transfers. I myself can’t think of another way. I have a very good working relationship with the escrow agents and real estate agents around the area. I work diligently to make this Point of Sale process as smooth as possible. Please feel free to contact me with any further questions. Have a great day.
City of Lorain
I must admit I have sympathy for the job Ms. Graves is having to do because it is only the law-abiding that follow the law – such as my neighbor 1139 W. 4th who went through the steps successfully – BUT wasn’t the problem – he followed the rules BUT what about the people who don’t follow the ordinance. Does our “Housing Court” follow through- do they meter out punishment? And what punishment ?
For example according to Zillow 1348 West Erie
Lorain OH 3 Bedroom 2 Bath Home Available For Lease To Own Program. Garage, Vinyl/carpet flooring, Fireplace, Basement. Home may need updates/repairs. Sold in “as-is” condition.
Do you honestly think a mere $1,000 dollar fine will deter the “property managers , such as the ones sharing the South Carolina address who are pulling the same stunt all over the country . According to one previous owner Kaja Holdings and RVFM 11 SERIES LLC falls under Vision Property Management-
well they certainly share the same address : 16 Berryhill Rd, Columbia SC 29210
Phone: 1-888-466-7932 • Fax: 803-354-5292 • Email: firstname.lastname@example.org
A thousand dollars would mean nothing – and just who would serve the six months in jail? They have us law-abiding citizens of Lorain by the short hair so to speak as they make more money than it costs them in fines. KAJA HOLDINGS 2 LLC will have saved $44, 750 thousand by NOT following the ordinance with regard to 1348- West Erie Ave.
The people making the bucks out of plethora purchases are not deterred and seemingly some banks are transferring what they like when they like and who suffers? Oh yes! once again – the law-abiding property owner selling their property and trying to do their best such as fixing a downspout in February………
Next up just what does the Housing Court do as far as bringing down the hammer and is the hammer made of paper mache
Another day , week, month, year- I have learned the navigation of the path of pain- I know now most of the emotional laybys , the pitfalls that can swallow you whole . I have become aware of them as I travel this way of grief. Oh! sometimes, even knowing they are there does not save me from tripping and trembling as I go forward in this life.
Nana, she of the wonderful pastries and food of love, had made a sausage pie for friends who were visiting. We had to take the pie and accoutrements to Catawba last week. The pie needed to be kept cool on the journey but a big cooler wouldn’t do. Nana, who has pretty much taken over the kitchen since she moved here, knows where everything is and pulled out a plastic cooler bag. My heart ended up in my throat once again , I must have turned white, because Nana said
” are you alright what is wrong ?”
That silly, cheap, plastic cooler bag, I had forgotten its very existence. I never knew where it came from originally. We weren’t into Nascar – but there it was . They say your life flashes before your eyes when you drown- all I can say is your life flashes before my eyes every time I am confronted with an unexpected object , sight, sound that was you.
As I looked at that bag, Nana washing it out readying it for her pie, I remembered the orange slices and water it had kept cool for all those soccer games. I remembered grabbing it out of the cupboard on the morning you got married. I hated that day, my beautiful son dealing with chemo and the diagnosis of Hodgkin’s but still filled with false hope.
It was a record-breaking heat that June day, and I knew the ” family of the bride” would insist on the plethora of pictures being taken, driving here and there in the limo- I was so worried about how you would be able to handle the whole thing feeling ill as you were. – The Lombardi , Vyka clan were all about those pictures- still are.
I grabbed the bag threw in some of you favourite sandwiches and water , and orange slices. I knew you were feeling ill because the Chemo had been on the Thursday and its poison was killing ( supposedly) the cancer cells and your good cells- it knew no difference. I put the bag in the limo.
You hugged me at the reception and whispered in my ear –
I gave the bag to Nikki , she has it, thanks mum – couldn’t do justice to the sandwiches but the orange slices and water went down well thanks for thinking of it.
When the cancer came back and you couldn’t eat and the next round of “treatment” was prescribed I would come to sit with you in your apartment so Angela -your “bride” -could continue working- ( although I later found out that was not always the case as to her whereabouts). It didn’t matter to me then or now where she was – I know the truth of her and it is dark!
I just wanted to take care of my son, to try to keep the promises I made to you when you were born-
” I won’t let anything happen to you- I will protect you”
That cooler bag went with me every day for weeks whilst you were having your double stem cell transplant . You couldn’t bear the smell of the hospital food- the smell of the plastic covers keeping the food hot disgusted you. I would take a meal up in the cooler bag, your lunch and dinner, every single day to be heated in the hospital “family room” microwave. The orange whip, Nana would make you , so cooling ( full of calories) would slide down and not burn your mouth that was blistered by the chemo.
The last time I used that cooler bag- a phone call from Angela as I was shopping at KMart
” Chris said you were coming to spend the night should I get something for supper – she had to work that night”
– I was bewildered, as I was actually in Kmart getting new bed linens, as I believed you to be coming home for the weekend- after that disastrous and stupid idea of Angela’s stating you could drive back from Houston .
I was puzzled- she hadn’t said anything about working- You never mentioned to me in your morning phone call about needing me to come- just that you wanted to come home for the weekend . Oh! later I found out she was not scheduled to work that night- she requested to work at 4 in the afternoon WHY? . – Hindsight is 20/20
I packed the cooler with your favourite dinner and we ate together one last time in your home. You went into the clinic again the next morning – dying- never to come home.
I forgot about the cooler bag, left on the kitchen counter in that apartment of deceit as I followed the ambulance to the Cleveland Clinic ER.
I never thought of it again until we received 4 months after your death ( via the funeral home) the box of
“throw- aways”… because that was what they were- from the Lombardi Clan and Angela( now Angela Murphy DO http://my.clevelandclinic.org/staff_directory/staff_display?doctorid=16147 ) along with her disgraceful, lacking in any sort of compassionate thought, letters- to your family who were raw with grief.
In the bottom of the box was the cooler bag -not good enough to keep obviously or to give to their charities . I couldn’t throw it away, it had been such a part of those months – so I stuffed it in a little used kitchen cupboard until ….. Nana’s sausage pie………….. and once more your last part of life flashed through my mind, the anguish, loss of hope, cruelty, the anger that has kept me upright and your last words .
I love you Chris- I will not forget you……..