CITY OF HIALEAH FORECLOSURE REGISTRY PROGRAM INSTRUCTIONS
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1 CITY OF HIALEAH FORECLOSURE REGISTRY PROGRAM INSTRUCTIONS Many neighborhoods are being affected by homes left abandoned, vacant, in disrepair, or vandalized as a result of foreclosure. The City of Hialeah has established a Foreclosure Registration Program to address the lack of maintenance on these properties. By sharing the burden with lenders foreclosing homes or any other real property, the Program creates the necessary monitoring system to anticipate and quickly address any maintenance problem that may arise on the property as a result of it having been left abandoned throughout the entire length of the foreclosure process. The value of the property in our neighborhoods will be preserved. On March 7 th, 2012, the City Council and the Mayor adopted Ordinance 12-11, requiring that all lenders holding mortgages in default on real property within the City of Hialeah to register (within 15 days) any real property within the City (folio beginning with the numbers 04), regardless whether it is residential, commercial, or industrial (including vacant lots) after having given the debtor notice of the default, filed a lis pendens, or having taken any other legal action to enforce its right to accelerate the debt. Registration requires that the lender identify the property with a loan in default or in foreclosure, identify a local agent responsible for discharging the lender s obligations established in the ordinance, pay the annual registration fee and renew on a yearly basis (if necessary). In addition to registration, the lender, through its designated agent, must inspect, maintain and secure the property for as long as the mortgage remains in default, whether the mortgage in default has been foreclosed or not and until such time as the default is cured, the property is sold at a foreclosure sale or short sale. There are specific standards for maintaining and securing each property adopted by the ordinance. The lender must notify the City of any changes in local agent or transfer, assignment, or ownership of the debt or property. Failure to register, inspect, maintain, secure the property, or provide notification to the City is a code violation subject to enforcement by any means available to the City, including the recording of a lot clearing lien. How to register. 1. Request a Foreclosure Registration Package (which includes application for New Application/Yearly Renewal/Change of Information, instructions and FQI) to designated address [email protected] of the Code Compliance Division. 2. Once you have completed the application, submit it by mail to the City of Hialeah, Code Compliance Division. You will find the Division s contact information at the end of this form. Then mail your check in the amount of $ for each property registered, payable to the City of Hialeah Code Compliance Division Foreclosure Registry 501 Palm Avenue, First Floor Hialeah, FL Renewals required on a yearly basis: A renewal application and fee for $ for each property to be submitted on a yearly basis.
2 4. Please allow 5 to 7 business days to process your payment and application. Once your information has been added to the registry, you will receive confirmation through the means you have indicated. 5. Your local agent is required to make an initial inspection within 15 days from the date the lender first takes any action to enforce its right to accelerate the debt or foreclose its interest in the property to ascertain the property s condition. Your local agent is required to conduct follow-up inspections each month thereafter to make sure the property is properly maintained. 6. You are required to notify the City of any changes in the information you submit in your application, including changing your local agent, a change in lender or the transfer or sale of the property. The City will confirm any change in information you submit by . What happens after registration and inspection? Once the application has been processed, the Code Compliance Division will conduct an inspection to ensure the property meets the City s standards, e.g. window and doors are secured, the pool is clean and secured, the grass is cut. After the initial inspection, you will be notified of the results through your designated local agent. If there are any violations, you will be afforded a reasonable time period to correct them. It is your obligation to conduct a monthly inspection, as required by ordinance, to make certain the property is properly maintained. Registrations (if necessary) must be renewed on a yearly basis, by submitting an application for renewal and a fee for $ for each property. What is the scope of the inspection? The inspection will identify whether any of the following conditions exist on the property: 1. Any visible damage to the fences or buildings on the property; 2. Whether windows and doors are shut to prevent any trespassing or whether they require to be secured or boarded; 3. Whether the pool is clean and functioning or if it requires cleaning and a cover; 4. Whether there is any trash, garbage, litter, abandoned property or any other waste that needs to be removed; 5. Whether the lawn, trees, shrubs, or hedges need to be trimmed; 6. Whether the swale area needs to be cleaned; and 7. Any other condition that may be considered a nuisance. How can I contact the City? Address: Director: Program Clerk: City of Hialeah, Florida Code Compliance Division Foreclosure Registry 501 Palm Avenue First Floor Hialeah, FL Violeta Blanco Kathy Araujo Phone No.: (305) Fax No.: (305) [email protected]
3 CITY OF HIALEAH FORECLOSURE REGISTRY PROGRAM FREQUENTLY ASKED QUESTIONS AND ANSWERS On March 7 th, 2012 the City Council and the Mayor adopted Ordinance 12-11, requiring that all lenders holding mortgages in default on real property within the City of Hialeah to register the property shortly after having given the debtor notice of the default, filed a lis pendens, or having taken any other legal action to enforce its right to accelerate the debt. Registration requires that the lender identify the property with a loan in default or in foreclosure, identify a local agent responsible for discharging the lender s obligations established in the ordinance, pay the annual registration fee and renew on a yearly basis. In addition to registration, the lender, through its designated agent, must inspect, maintain and secure the property for as long as the mortgage remains in default, whether the mortgage in default has been foreclosed or not and until such time as the default is cured, the property is sold at a foreclosure sale or short sale. There are specific standards for maintaining and securing each property adopted by the ordinance. The lender must notify the City of any changes in local agent or transfer, assignment, or ownership of the debt or property. Failure to register, inspect, maintain, secure the property, or provide notification to the City is a code violation subject to enforcement by any means available to the City, including the recording of a lot clearing lien. Q. What type of property is required to be registered? A. All real property within the City (folio beginning with the numbers 04), regardless whether it is residential, commercial, or industrial (including vacant lots) with mortgage debt in default. Q. Who is required to register and when? A. A lender who holds a mortgage on any real property that is in default, has issued a notice of default to the borrower, has recorded a lis pendens or taken any other legal action to enforce its right to accelerate the debt or foreclose its interest in the property. The property must be registered within 15 days from the date it takes any action to enforce its right to accelerate the debt or foreclose its interest in the property. Q. Is there a fee to register? A. Yes. There is a yearly fee of $ for each property registered. Q. Do I need to renew applications? A. Yes, renewals are required on a yearly basis. Submit an application for renewal and a fee for $ for each property.
4 Q. Where can I get a registration form? A. All requests at designated address [email protected] of Code Compliance Division. Q. What form of payment is acceptable? A. The fee is payable by personal or business check or money order made out to the City of Hialeah, Code Compliance Division. You can mail the check together with a copy of the completed application to: City of Hialeah Code Compliance Division Foreclosure Registry 501 Palm Avenue, First Floor Hialeah, FL Q. Will I receive a receipt or confirmation that my registration is complete? A. Yes. After your application and fee are received, you will receive confirmation by . Q. What if there is a change in local agent, the mortgage is assigned or there is a change in property ownership? A. You are required to notify the City of any changes in the information you submit in your application, including changing your local agent, a change in lender or the transfer or sale of the property. The City will confirm any change in information you submit by . Q. What is my local agent required to do after the property is registered? A. Your local agent is required to make an initial inspection within 15 days from the date the lender first takes any action to enforce its right to accelerate the debt or foreclose its interest in the property to ascertain the property s condition. Your local agent is required to conduct follow-up inspections each month thereafter to make sure the property is properly maintained. Q. Will the City inspect the property too? A. Yes. The City will an inspection to ensure the property meets the City s standards, e.g. window and doors are secured, the pool is clean and secured, the grass is cut. After the initial inspection, you will be notified of the results through your designated local agent.
5 Q. What is the scope of the City s inspection? A. The inspection will identify whether any of the following conditions exist on the property: 1. Any visible damage to the fences or buildings on the property; 2. Whether windows and doors are shut to prevent any trespassing or whether they require to be secured or boarded; 3. Whether the pool is clean and functioning or if it requires cleaning and a cover; 4. Whether there is any trash, garbage, litter, abandoned property or any other waste that needs to be removed; 5. Whether the lawn, trees, shrubs, or hedges need to be trimmed; 6. Whether the swale area needs to be cleaned; and 7. Any other condition that may be considered a nuisance. Q. What if there are violations on the property? A. If there are any violations, you will be afforded a reasonable time period to correct them. It is your obligation to conduct a monthly inspection, as required by ordinance, to make certain the property is properly maintained. Q. What if I have questions? A. Please contact the City of Hialeah, Code Compliance Division. By Mail: City of Hialeah, Florida Code Compliance Division First Floor Foreclosure Registry 501 Palm Avenue Hialeah, FL By Phone: (305) By Fax: (305) By designated address: [email protected]
6 APPLICATION NEW REGISTRATION / YEARLY RENEWAL / CHANGE OF INFORMATION The Foreclosure Registry Application Form is the first step in applying for registration of a foreclosed property in the City of Hialeah. A possible on-site inspection may be required. If you need assistance completing this form, contact (305) Your receipt confirmation number will be within 5-7 working days. NOTE: All required fields are marked by an *asterisk. Use N/A for any fields that are not pertinent to your request. REGISTRY FOR PROPERTY SUBJECT TO FORECLOSURE (ORDINANACE No ) FILL OUT APPLICATION AND SEND WITH CHECK OR MONEY ORDER PAYABLE TO CITY OF HIALEAH FOR THE AMOUNT OF $ TO: CITY OF HIALEAH CODE COMPLIANCE DIVISION- FORECLOSURE REGISTRY 501 PALM AVENUE HIALEAH, FL PLEASE ATTACH SEPARATE SHEET, IF MORE THAN ONE PROPERTY NEED TO BE LISTED (PLEASE INCLUDE PROPERTY ADDRESS / FOLIO # / RECORDED INFORMATION) NEW APPLICATION [ ] YEARLY RENEWAL [ ] CHANGE OF INFORMATION [ ] *Mortgage Holder/Servicing Agent: *Street Address, City, State, Zip/Postal Code: *FIN Number *Foreclosed Property: Street Address, City, State, Zip / Postal Code: (ATTACH A LIST IF MORE THAN ONE) Lis Pendens Recorded Information (if applicable): (ATTACH A LIST IF MORE THAN ONE) Book: *Folio Number: Page: (ATTACH A LIST IF MORE THAN ONE) 04 - *Property Management Co. Information: *Street Address, City, State, Zip / Postal Code: *Contact Name: * Phone # * *Additional (if any) Emergency Contact Phone number and Public Records Awareness Information we receive may be considered public information which is subject to disclosure under Florida law. Page 1 of 1
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1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 A bill for an act relating to mortgages; regulating reverse mortgages; requiring certain notices related to redemption rights be made to a mortgagor;
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