While exploring the Safeguard website because of Kelly Anbach’s comments, I found that it had a list of contact information for lender’s servicers. I’m not sure how up to date it is but you can find it at: http://www.safeguardproperties.com/content/view/1133/233/ The list was developed by the Mortgage Bankers Association. Maybe it will give inspectors a way to make contact with a real person who can take action on a property. On the same page is an Excel file of contacts at local governments. It might be worthwhile to get on the list.
Last week I had the pleasure of teaching Legal Aspects of Code Enforcement for the Huron Valley Association of Code Officials. They were a wonderful audience, and very forgiving since I was teaching with a nasty cold. On the plane ride home, I hit the wall with congestion and fatigue and asked myself, “Why am I doing this?” I have to admit that I enjoy the interaction and energy that exists when I’m teaching something people really want to hear. When I see people madly taking notes, I assume it’s because what I have to say has value to them. What keeps me going is knowing how many people are hungry for ideas on how to do their jobs better and more effectively. I’ve been fortunate in my practice to learn a great deal from the cases I’ve prosecuted during my career and from the inspectors with whom I work. That experience has helped me gain the expertise I need to get better results for my clients. However, there’s a limit to how helpful I can be as a prosecutor because I can’t prosecute cases 500 miles from home. But, by teaching I can share ideas and techniques with code officials and inspectors all over the country. If they decide to buy my books, my expertise is available to them on a daily basis. I get a kick out of hearing anecdotes from inspectors about something I’ve said in class that really made a difference to them on the job. Because of the foreclosure crisis, we are all facing enormous challenges in our communities and on the job. Everyone has to play a part in seeing this through. I intend to keep teaching and writing as long as I have something to offer.
My first position after law school was as an assistant state’s attorney where my entire training revolved around criminal law enforcement. When I left the State’s Attorney’s office, I began prosecuting municipal ordinances which included building codes. At first I just saw them as minor cases to process but after awhile I began to see the connection between enforcing building codes and keeping crime rates low, especially in apartment complexes. Fixing lights in a parking lot reduced drug dealing on a premises better than a team of police officers. Forcing landlords to spend money on repairs made them more motivated to crack down on tenants who were trashing a building. Over the years I’ve noticed a strong correlation between vigorous code enforcement and a reduction in police calls. Just getting junk vehicles towed from a parking lot makes the tenants happier with their surroundings. Unfortunately, sometimes those in leadership in law enforcement fail to see the connection and are reluctant to spend resources assisting building code departments. This is shortsighted. The code enforcement department can be a great resource for the police department and vice versa. Police personnel get into residences all of the time on police calls and can be the eyes of the code department. Code enforcement inspectors who are properly trained may see things inside a building that may be beneficial for the police department. The local jurisdictions that recognize this relationship are the ones most successful in reducing crime in a neighborhood. Now there is even scientific evidence for the “broken windows” theory, conducted by a university in the Netherlands. http://www.msnbc.msn.com/id/27825380/from/ET/#storyContinued Blighted conditions have an effect on the behavior of the people in those communities. Code enforcement is an integral component of any effort to control and contain crime.
One of the major frustrations I have is when I have to prosecute a large corporation for a violation. Serving the registered agent is easy because the name and address can be found on a state’s Secretary of State Corporation website but I’ve yet to get any kind of response by serving the registered agent (but it does mean I can get a default judgment). It seems like those notices go into a black hole for unresponsive businesses. So far the most successful thing I’ve done is send a letter with a copy of the ticket to the president of the corporation (I find that information at the same Secretary of State website). I don’t usually get a phone call from the president (big surprise) but usually the letter is passed along to someone with the authority to get something done I’ve been fortunate that it usually results in someone bringing the property into compliance.
One of the most common problems I encounter as a prosecutor occurs when inspectors jump to conclusions about who owns property. Because of liability considerations, it is rare for an individual to own an apartment complex or commercial real estate in his or her individual name. If an inspector tells me that the owner of a large building is a living, breathing human being, my next question is “Did you check with the Recorder of Deeds?” The answer is almost always “no”. The records kept by the Recorder of Deeds are the gold standard for determining who owns the property. Until an inspector checks for that information, the research job is incomplete. Lucky for all of us, many of these records can be found posted online on the Recorder’s website. Inspectors can often obtain a copy of a deed of ownership for a small charge or sometimes for free at the website. It used to be you’d have to drive out to the county building to get the information or spend time on hold waiting for somebody at the Recorder’s office to help you. This kind of access has really made me more efficient.
