We’ve all heard accounts of rising home foreclosures and once-prominent neighborhoods now experiencing significant decline. But what happens when one of those homes is next door to you? And what role do banks, local government and police enforcement have in the maintenance, security and caretaking of these properties?
More specifically: when you have an issue with a property next door, who do you call when the bank, city and police pass you off to each other?
The Neighborhood
I live in downtown Chaska in a neighborhood of century-old homes of various condition, and I absolutely love the area’s history and small-town vibe. From our specific property, we can walk to the Minnesota River about a block away, across the street to a playground, up the alley to get pizza, coffee, Indian or Mexican food, up the block to the city square and library, a bit further to a movie theater, grocery store, etc. etc. It’s a great place, safe, and the perfect fit for my family’s needs.
We bought our 120 year-old house in late August and excitedly moved in and started fixing things up. I should note we bought an older home far outside the metro primarily due to our budget and desire not to purchase a home outside of our means. However, I’ve highly enjoyed tackling the projects and challenges involved with owning an older home, and I wouldn’t have done it any other way.
The Neighbor
The house directly to our north actually sold for considerably more than our home in the previous year and appeared to be well kept up when we moved in. We didn’t see the neighbors there much, but they seemed friendly enough. Our biggest issue with them was the trash. They didn’t appear to pay for trash service and just dumped it out the back door on a regular basis.
However, sometime before Christmas this December 2008, the folks next door must of packed up their van and left forever.
We didn’t realize they were “gone” gone until January when we realized the usual traffic in and out had ceased, the trash pile was no longer growing, and random empty beer cans stopped appearing in our front yard. By this time, unfortunately, the trash pile numbered 20+ bags and was a wintry feast for local vermin. About this time the retaining wall between our properties started failing, too.
In February, a guy from the city’s municipal department stopped by to inquire if we had seen anyone around the property. Apparently the city noticed water consumption next door went from nothing to LOTS, indicating a water break. While that wasn’t a surprise, given that our own pipes froze around that time, but it’s never good to have the vacant home next door have a flooded basement.
The Maintenance Company
About a month later, the bank taped the foreclosure papers to the front door. That same day Safeguard Properties boarded up the windows on the property and hung this yellow door hanger on my door:
I’ll admit it felt good knowing someone was taking care of the property and was finally going to pick up the enormous trash pile. But they didn’t.
In fact, Safeguard has come to mow the lawn twice, but simply mowed AROUND the trash. They also broke down the backyard fence for some reason — the fence that was keeping trash inside the property boundaries and neighborhood kids out.
Since the yellow door hanger says to call if the property becomes unsecure, I gave it a try. In fact, I’ve called Safeguard three times, and each time they indicate they will pass word to the bank about the trash and 100 pound concrete chunks falling off the retaining wall.
Here’s a picture of the trash from April 11:
And here’s a picture from May 17 (note, Safeguard Properties just mowed AROUND the trash):
Here’s a retaining wall picture from April 13:
And here’s a picture from May 17 after I propped some of the wall back up (note the left side falling now):
It’s just going to get worse, and I don’t let my three year-old play on that side of the house for fear of more collapsing.
The City of Chaska
Last month I called the city again, and this time was transferred to the Chaska Police Community Service Officer Mariella Garcia. She promptly returned my call and graciously explained that the police can only enforce ordinances on citizens, not bank-owned properties. She indicated they were receiving several calls of this nature and expressed her empathy that the city did not have a system to address these kinds of issues.
The Friendly Neighborhood Lawbreaker
At that point, I’ll confess I broke the trespass law the filled my entire trash bin with the neighbor’s trash from the front yard one week. I simply couldn’t stand it, and it was clear nobody else was going to tend to the broken glass, open cans and dripping refuse.
Since then, I continually pick up the trash that blows into our yard, shovel out the failing retaining wall and kvetch with my neighbors about the game of hot potato foreclosed homes are right now.
Raccoons are now breeding in the backyard, and I’ve spotted multiple sets of racoon footprints.
Sidebar: this weekend, Qwest delivered six (6!) phonebooks to the foreclosed, vacant property next door and zero (0!) to the paid-up, lived-in property I own.
The Bank
Today I called Safeguard Properties again and re-explained the entire account. I asked them why they would send folks out to mow AROUND the trash, rather than just pick it up. The answer: “We can only do what the bank tells us to do on a particular property, and the bank has not asked us to pick up the trash.” Which bank owns the property? They can’t disclose it.
I actually tried looking it up via public records, but apparently all Carver County Web sites are down, including the land records and assessor searches.
The City (again)
I called the city again this morning and was told, “I’m sorry, but no one is assigned to oversee foreclosed properties.”
On a whim, I left a message for Public Works Superintendent Tim Wiebe, whom I’m told is responsible for ensuring lawns are mowed city-wide. He just called me back and is definitely a stand-up guy. He walked down and checked out the property himself. He said he is going to make a few calls to see what he can do.
Why Do I Care So Much?
- Equity: I have only two next door neighbors in a small neighborhood that directly touches downtown. The valuation of my home has direct correlation to my neighbors. Broken windows, a flooded basement and collapsed retaining wall will bring the already-depressed value of the house (and thus my house) down even further.
- Safety: A vacant home is bad for neighborhoods. It invites miscreant behavior and breeds rodents. It presents an unsafe condition for the 8+ children who play in the alley behind the home.
- Civics: Regardless of the sheer number of foreclosed properties, it’s assinine the city doesn’t have a plan or process for dealing with abandoned properties.
What Do I Want From This?
- I’m willing to pick up the trash, but can’t afford the $50 charge I’ll incur from my trash company at hauling away this much. I’d like the bank/Safeguard/city to donate a trash barrel if I donate time to clean it all up.
- Chaska residents recently came together to pitch in for an annual event called “Christmas in May” — rehabilitating homes for residents who are unable to do it themselves (financially or physically). I’d love to see the city declare a similar day for foreclosed homes — even if it’s just to pick up windblown trash or re-board up windows and reclaim some of our community pride.
- I would love for the city to reevaluate it’s hands-off approach to foreclosed properties. As more people abandon their homes, those of us who continue making our payments need support from civic leaders to force lenders to — within reason — better care for their properties until auction.
Update, June 2:
It’s June 2 and not only hasn’t the trash been picked up, the grass hasn’t been cut for weeks. I called Safeguard again today and spoke to a phenomenal guy there, Christian (x1161), who said they will check in on the grass clipping, inquire about the trash and let me know they’ve requested a bid to address a failing retaining wall. He even took my name and number and said he would call back. Time will tell, but I’m temporarily hopeful.
Update, June 5
Today I called Safeguard again and spoke with a nice lady named Dee. The lawn hadn’t been mowed in weeks, they finally came to mow and mowed right over the garbage this time. It spread it just everywhere — all over the alley and my yard.
Dee said they just got approval to remove the exterior debris, remove garbage and paint thinner, repair the front stairs, trim a tree over the sidewalk and repair the cracked windows. She said they were still waiting for word on the damaged wall and that molded cement is not an easy fix. Apparently with an FHA property they have to get all the structural items up to code, which is great news. I asked when it would be sold, and she said she has no idea but definitely as soon as possible. She said they would get it ready, turn it over to HUD and it would be posted in a few days. Hooray. I just hope it’s a single family and not a landlord wanting to rent it out.
Update, June 8:
Six months after my neighbors ditched their house and left trash all over the lawn, someone finally removed it! Safeguard came on Saturday and picked up the trash. They also got all of the paint thinner and paint out of the garage. They were back on Sunday, and a nice guy was cutting wood and cleaning most of the afternoon. I spoke to him a couple times while I was out weeding. He said the interior of the house isn’t actually that bad, just a couple spots of mold (probably from the basement flooding) and some cosmetic stuff.
That’s great news for resale value and in-turn, my property value. While I’m happy things are moving, I seriously cannot believe how much buck-passing goes on with these homes.
Update, Oct. 1
The lights are on in the basement of the foreclosed house next door, but it’s still vacant. I called Safeguard back and found out the property was turned over to HUD about a month ago. Safeguard can’t do anything. Grrreeeat.
Update, Oct. 26
Lights are still on.
Update, Oct. 20
I was interviewed and quoted in the Chaska Herald about the property and the bureaucratic buck-passing that happens with foreclosed residencies.
The “Who owns it” question has also proved troublesome for neighbors.
In April, downtown Chaska resident Greg Swan called the city to report problems with a neighboring foreclosed house. While the bank had hired a property management company to mow, there were other problems, including trash in the backyard, broken windows, and a basement light that is constantly on.
Swan contacted the Chaska Police and said he was told that the department can enforce ordinances on citizens, but not bank-owned properties.
Chaska Police Chief Scott Knight said that code applies to all houses, regardless of ownership. “A home, whether it has been foreclosed on or lived in or vacant, code still applies to that property,” Knight said.
One of Knight’s key concerns is making sure a property isn’t deteriorating to the point where it becomes a public safety issue or attracts kids who would use it as a hangout. If that happens, the police will contact the owner and make sure they secure the property, he said.
However, finding the foreclosed home’s owner can be a game of “hot potato,” taking longer to solve a problem. “We can step in and do what we need to do to make a property reasonably safe if we have to,” Knight said. However, he added that taking action on a property can even become a “constitutional issue.”
“There are some things that are cosmetic, and probably distasteful to have to look at every day that don’t necessarily violate code,” Knight said.
Ultimately, the trash next to Swan’s house was carted away and the windows fixed, but apparently not due to any sort of intervention, Swan said. “I feel like the buck’s being passed a little bit,” he said.
“Legally there’s only so much we can do, but as a community I wish we could stand up and say ‘We’re not going to take this,’ or we need better support of this thing,” Swan said.
Update, Dec. 19, 2009
So very nice of the Chaska Fire Department to litter on the foreclosed houses in my neighborhood just before the holidays.
Update, Jan. 20, 2010
There has been a car parked on the property for a week, and we are assuming it’s abandoned. We called the police and the new property management company (it switched again!): Best Assets (612-333-7450).
I spoke with Sandra, who said the plan for the house is to clean it and sell it, although she has no idea of the timing.
She said they were unaware of the retaining wall issue and the abandoned car, but that she would send someone out to look at both. Here we go again…
Today I was quoted in this 
