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Problem: Foreclosed Homes Become Eyesores. Hillsborough County's Solution: Make Lenders Pay.

By Shannon Behnken, Tampa Tribune, Fla.

Nov. 3--TAMPA -- When homeowners vanish amid a foreclosure, neighbors can be left with eyesores: unruly lawns scattered with debris and mold growing on homes and driveways.

Conscientious neighbors sometimes take matters into their own hands and take care of the mess. If they don't, though, the county's code enforcement officers may step in. It's a costly process, however, and only the worst of the worst homes qualify for help.

This week, Hillsborough County is taking a different kind of action: an ordinance that went into effect Monday requires lenders to pay $100 every time they file for foreclosure.

The money is intended to put a dent in the $450 a house the county pays a vendor to mow and clear lawns, said Jim Blinck, manager of Hillsborough County's code enforcement operation. The money will go to a fund for vacant home code violations.

"If a property gets out of control, it invites problems," Blinck said.

So far this year, lenders have filed, on average, 1,988 new foreclosure lawsuits each month in Hillsborough County. At that rate, the county would receive about $198,800 a month.

It is difficult to enforce code violation on abandoned homes that are in foreclosure but have not yet been taken back by lenders, Blinck said. Hundreds are sprinkled throughout subdivisions, causing safety concerns and annoying residents.

Legally, the homeowner is responsible for maintaining the home until the foreclosure is final. Often though, the homeowner is difficult to find. Even when code enforcement locates owners, they often don't have the money or desire to care for the property.

Another thing contributing to the problem is the sluggish real estate market. The foreclosure process is a lengthy court procedure in Florida. Some lenders prolong it for years because they don't want to take back homes that will be difficult to dispose of.

As soon as a lender forecloses, it has to pay property taxes, homeowner's association dues and other fees associated with the property.

Under county code, code enforcement can have a lawn cut when neighbors complain, but only once, and only if the grass is at least 10 inches tall and appears "likely to harbor rodents or snakes." Blinck said he realizes the $450 fee to have a lawn cut is steep, but said that was the cheapest bid. Cleaning up a lawn at an abandoned home can be a big job that sometimes requires heavy equipment, he said.

So code enforcement goes after the lender, even though the lender doesn't have a legal duty to care for the home until the foreclosure goes through.

"The lender doesn't own the property, so we can't legally make them maintain the property," Blinck said.

Some lenders do, though, because they have a stake in the property and don't want their asset to dwindle in value. Other lenders, Blinck said, "want to be good neighbors."

Part of the registration ordinance asks lenders to list a lawn maintenance company responsible for the home. Although lenders are not required to hire such a company, Blinck hopes the question will prompt lenders to do so.

Reporter Shannon Behnken can be reached at (813) 259-7804.

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To see more of the Tampa Tribune or to subscribe to the newspaper, go to http://www.tampatrib.com.

Copyright (c) 2009, Tampa Tribune, Fla.

Distributed by McClatchy-Tribune Information Services.

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Tampa Tribune

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