County and Municipal Home Rule originated in the United States during the early twentieth century. It enables voters to adopt a charter that acts as the city's or local government’s basic governing document over local issues; otherwise the entity would only be an extension of the state government. However, state law continues to prevail over statewide concerns.
The goal of county and municipal home rule is to facilitate local control in either unincorporated or incorporated areas while minimizing state intervention into county or municipal affairs. Effective Policy-making is predicated on “Home Rule” which gives counties and municipalities necessary authority, and increases its ability to meet the local area needs. It is imperative that local government protects Home Rule by not allowing state legislation that limits their ability to meet vacant property concerns.
Recently there was a proposed bill (HB2150) submitted to the Virginia legislature that preempted local governments right to charge a fee in excess of 25$ to maintain a local registration or any fee or right to collecting information if lenders submit to a Mortgage Electronic Registration System (MERS). This loophole prevents local government from proactively collecting and validating pertinent information regarding local contact information for responsible parties connected to registered properties defined under the law. The MERS system is primarily a point of origination system that many times does not track multiple sales of ownership and servicing of a mortgage. This law only protects the interests of a few nationally recognized preservation companies doing or wanting to increase market share with lenders.
Recently there was a proposed bill (HB221 and SB874) submitted to the Florida legislature that specifically preempted local government’s right to require and maintain a local registration and only requires registration with the state after a foreclosure. Such legislation would only capture needed information potentially six (6) months to a year after the property starts to deteriorate due to lack of maintenance. The Mortgage Banking Association and their lobbyist essentially argued for the need of such legislation because of too many different ordinances, too many different processes, and not having the right to inspect their security as governed by loan documents. All of these arguments FLY IN THE FACE OF HOME RULE!
Please visit our library to the house and/or senate bill
Recently there was a proposed bill (HB2150) submitted to the Virginia legislature that preempted local governments right to charge a fee in excess of 25$ to maintain a local registration or any fee or right to collecting information if lenders submit to a Mortgage Electronic Registration System (MERS). This loophole prevents local government from proactively collecting and validating pertinent information regarding local contact information for responsible parties connected to registered properties defined under the law. The MERS system is primarily a point of origination system that many times does not track multiple sales of ownership and servicing of a mortgage. This law only protects the interests of a few nationally recognized preservation companies doing or wanting to increase market share with lenders.
Please visit our library to the house and/or senate bill
State Legislation providing a state vacant registry, language providing the right of local government to have an ordinance, and/or preempting local governments right to maintain a registry at all.
Connecticut SB 951 was introduced 2/18/09 and passed Senate Committee 3/12/2009. This proposed legislation is intended to protect residential property values by requiring owners of foreclosed properties to maintain such properties in accordance with specified standards It would require the registration of vacant residential one-to-four family dwellings by the owner, imposes maintenance requirements on the registrants and adopts a process and procedure for citations, hearings and penalties imposed. SB 951 defines "vacant" as uninhabited. If enacted, this legislation would be effective 10/1/2009.
Please visit our library to the house and/or senate bill
Though some states recognize ALL local government liens equal in dignity, some courts require a local ordinance specifically addressing this issue. There are instances where the state does not provide language recognizing the need and ability for local government to ...
recapture its costs associated with maintaining vacant, foreclosed, and/or bank owned properties and where the “responsible party” refuses to do so after the local government met its process of notification burden. Have you ever seen loan documents that don’t address the requirement to adhere to all local government ordinances and rules? Please meet your judges via the links below and learn what their position on this important issue.
Mortgage Lenders have been taking a beating and they are not in the business of property management. However, it is in their best interest to preserve the value of the underlying security. They have valid concerns about when they can inspect, enter the property, and/or when they can do what is necessary to maintain the property. However, the mortgage documents provide them the ability to do just that. It is imperative we recognize and empathize with their concerns while providing a simple, central process for the Lenders to easilty comply. We keep our communities safe and beautiful! The Lenders mitigate loss and preserve value!
Mortgage Lenders have been taking a beating and they are not in the business of property management. However, it is in their best interest to preserve the value of the underlying security. They have valid concerns about when ...
they can inspect, enter the property, and/or when they can do what is necessary to maintain. Their mortgage documents provide them the ability to do just that, but it is imperative we recognize and empathize with their concerns while providing a simple, central process to for the Lenders to comply. We keep our communities safe and beautiful. The Lenders mitigate loss and preserve value.
WASHINGTON - The U.S. Department of Housing and Urban Development today announced $108 million in additional Indian Housing Block Grant (IHBG)allocations to 68 tribes in 19 states. Thesefunds are distributed each year based on a formula to eligible Indian tribes or their tribally designated housing entities for a range of more HUD MAKES $95 MILLION IN GRANTS AVAILABLE TO HELP LOW-INCOME FAMILIES RECEIVE JOB TRAINING, GAIN EMPLOYMENT(Feb 16, 2012)
WASHINGTON-The U.S. Department of Housing and Urban Development makes $95 million available today through two grant programs that help residents who receive HUD rental assistance get the necessary education and job training to gain employment and increase their income. One of the grant programs also helps senior citizens connect with more FEDERAL GOVERNMENT SETTLES FRAUD LAWSUIT AGAINST CITIMORTGAGE, INC. FOR RECKLESS MORTGAGE LENDING PRACTICES(Feb 15, 2012)
WASHINGTON - To improve performance and boost the capacity of state and local governments to implement their federal block grant programs for housing and community development, the U.S. Department of Housing and Urban Development is making nearly $62 million available through the Office of Community Planning and Development's (CPD) OneCPD more HUD BUDGET CALLS FOR RENEWAL OF SUSTAINABLE COMMUNITIES GRANTS (Feb 14, 2012)
WASHINGTON - Today, U.S. Department of Housing and Urban Development (HUD) Secretary Shaun Donovan addressed the National Association of Regional Councils and announced that HUD's fiscal year 2013 budget proposal includes $100 million to fund Regional Planning and Community Challenge Grants. The grants are part of the Partnership for Sustainable more
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