Category Archives: Code Violations

Video of Oral Arguments in City of Palm Bay v. Wells Fargo is Up!

On Wednesday, the Florida Supreme Court heard oral arguments in City of Palm Bay v. Wells Fargo. Read our earlier posts about it here and here. If you weren’t able to watch the live streaming feed, you can view the footage here or by going to this link.

http://wfsu.org/gavel2gavel/archives/flash/viewcase.php?case=11-830

Go ahead…you know you want to watch it!

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Filed under Code Violations, In the Courts, Lien Laws

Priority of City Code Liens Case To Be Heard By Florida Supreme Court Tomorrow

Several weeks ago, I wrote about the appeal presented to the Florida Supreme Court- City of Palm Bay v. Wells Fargo. This case tackles the question of whether liens assessed by municipalities can have “super-priority” over prior recorded mortgages.

Oral arguments are scheduled for tomorrow, Wednesday, April 11, 2012 at approx. 10:40 am, and should be broadcast live over the internet. If you’re interested in watching, log on to Gavel to Gavel.

Supreme Court of Florida

Supreme Court of Florida (Photo credit: Wikipedia)

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Filed under Code Violations, In the Courts, Lien Laws

Prison Time for a Junky Yard: Too Severe?

This week a Brevard County man was sent to state prison for a sentence of 1 year and 1 day for failing to remove and clear out what authorities call a junkyard, but what Robert Biel calls home. Biel apparently has been in violation of county codes for decades for storing his “tools of the trade” in his yard. The County, no doubt frustrated that its measures over the years to get the property cleaned up have failed, charged Biel with illegal dumping which landed him in the county lock-up for a few weeks. Português: Uma cela moderna em Brecksville Pol...He was released on probation which was conditioned on cleaning his yard. He didn’t, and thereby violated his probation…and now sits Biel in prison. Check out the story here: man-gets-prison-time-for-junky-yard

What do you think: Is state prison too harsh of a punishment for displaying your mess to the public? What if that mess was in your neighborhood?

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Filed under Code Violations, In the Courts

Top 10 Code Violations; Florida Named as #1 State for Violations

Field Asset Services (FAS), a Texas based property preservation, REO maintenance and repair services company released its list of Top 10 Types of Code Violations. The list is based on FAS’s research compiled from its work with 30 mortgage and asset management clients nationwide. Here’s the list:

"No". House in Mid-City New Orleans,...

By Editor B / Bart Everson via Wikimedia Commons

Top 10 Types of Code Violations
1.    High grass and weeds
2.    Nuisance such as abandoned vehicles and trash at the curb.
3.    Graffiti
4.    Open or vacant structures
5.    Junk, trash, and debris
6.    Minimum housing standards or habitability usually pertaining to the condition of the property.
7.    Substandard structure such as dilapidated sheds or detached garages.
8.    Unmaintained or unsecured swimming pools
9.    Dead trees and landscaping
10.  Vacant property registration

Said Dale McPherson, Chief Executive Officer, Field Asset Services about code violations:

Cities and local municipalities across the nation are becoming more vigilant towards issuing code violations to reduce blight and improve neighborhood conditions. With foreclosure timelines reaching nearly 21 months, these fines can add up over time, even exceeding the value of the property itself in some cases.

According to FAS data, Florida surpasses all other states in the amount of these violations. For example, FAS once encountered a property in Coral Springs, Florida that, since 2008, had violation citations accruing for an overgrown lawn, roof discoloration, a stagnant pool, and poor exterior maintenance. At at rate of $125/day for 927 days plus additional penalties, the property owed the City of Coral Springs $434,654.50.

While FAS worked to remedy the code violations and lower the fine amount for the Coral Springs home, hundreds of thousands of properties in Florida are without the benefit of FAS’ services and the daily accruing code violation fees for those properties are unrecorded in official records. Only by performing an unrecorded lien search can a prospective owner, lender, asset manager, real estate agent, attorney, or title/closing company know the true value of the subject property. Premier Lien Research, LLC is here to assist you! For more information please visit PremierLienResearch.com.

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Filed under Buyers, Code Violations, Florida Real estate, Foreclosures, Nightmare situations