Lorain – Common Core? values and POS? PT 5.

July 24, 2015 at 3:56 pm 10 comments

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
Loraine Ritchey:

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.


Sincerely,

Paul Nishanian
Real Estate Assistant Chief Deputy Auditor

keep-calm-and-obey-the-law-4
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
http://chronicle.northcoastnow.com/2013/07/09/lorain-inspection-law-under-fire/

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.
https://thatwoman.wordpress.com/2012/07/11/banks-banking-on-lorain-business-of-blight-devaluing-lorain/

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.

Wurmser front
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
http://danielebrady.blogspot.com/2012/06/h-o-wurmser-house-tragedy.html
made the Morning Journal http://www.morningjournal.com
http://www.morningjournal.com/general-news/20140620/lorain-house-sets-record-with-45750-escrow-requirement

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))
http://www.investopedia.com/articles/economics/08/fannie-mae-freddie-mac-credit-crisis.asp

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 ?
1348pos
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

blueroof
In fact another property in our “hood” transferred quietly
329 Hamilton Ave. lorainPhotos
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

329 Hamilton

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.

I started with the County Recorders Office – Judy Nedwick – surely that is where the title transfer would meet a hiccup not having a POS documentation BUT the answer is NO!
judy nedwick

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.

Sincerely,
Judy Nedwick
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.

Heather Graves
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
http://www.zillow.com/homedetails/1348-W-Erie-Ave-Lorain-OH-44052/34543167_zpid/

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.

screen shot
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-
http://www.vpm3.com/
well they certainly share the same address : 16 Berryhill Rd, Columbia SC 29210
Phone: 1-888-466-7932 • Fax: 803-354-5292 • Email: info@vpm3.com

LaughingFace

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………
https://thatwoman.wordpress.com/2015/02/01/ode-to-a-downspout-named-don-lorain/

Next up just what does the Housing Court do as far as bringing down the hammer and is the hammer made of paper mache

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Entry filed under: a Cow -elle opinion, Brit take, Charleston Village, city of lorain, Legal, Open for Discussion, opinion. Tags: , , , , , , .

July 3rd – the cooler bag – Chris Ritchey Aug 3rd- The Lighthouse Shed- Chris Ritchey

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