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FORECLOSURE FALLOUT: Home Sour Home

Housing crisis leads some former owners, tenants to take anger out on property













The orange "no trespassing" sticker is faded, the seal it once formed over the doorway broken for at least six months. Joseph Kraemer twists the lockbox key and issues a warning to be prepared.

"I'm told that the previous owner left the water running," the Century 21 real estate broker explains.


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  • The tour begins at a wooden stairwell stripped of carpeting.

    "I have no idea what that is," Kraemer says of the mysterious black patches.

    The more of the house he shows, the less the water damage appears accidental. Nearly every door and low cabinet displays a foot-size hole, and the master bathroom mirror suggests that not everyone is superstitious about seven years' bad luck.

    As many as 25 percent of Las Vegas' bank-foreclosed homes suffer intentional damage, according to an informal R-J survey of valley appraisers and real estate agents. According to Thomas Blanchard, owner/broker of First Realty Group, this damage -- most of which is inflicted in the four to 12 months between the notice of default and the constable's knock at the door -- typically requires $3,000 to $10,000 to repair. However, it can approach or exceed 10 percent of a home's total value.

    "Some of the time, the house's worth is a detriment to the land value," says Blanchard. "It's amazing what some people will do to their houses."

    The percentage of foreclosures with damage is actually on the decline, the interview subjects agree.

    "In the late '90s, 60 percent were damaged," Blanchard says. "It's a lot less now due to the fact that a lot more new homes are being foreclosed on. Some have never even been lived in."

    At the same time, the number of damaged houses is rising because of the sheer explosion of foreclosures. (In September alone, 5,504 were reported in Nevada, the nation's highest rate for the ninth month running, according to a monthly study by RealtyTrac, an online foreclosure marketplace.)

    Most observers see retributory vandalism as a laceration on the already festering boil that is Las Vegas' foreclosure problem. In addition to diminishing adjacent land values, vacant houses in disarray attract both vermin and criminals.

    "I can't count how many times someone's broken into one of these homes to steal the copper pipes," Blanchard says.

    With a wincing smile, the middle-age man launches a photo CD-ROM at his desk computer and scrolls through broken windows, yanked-off sink tops and other scenes reminiscent of what The Who once did to hotel rooms. It's part of Blanchard's job to snap these photos and advise banks whether to restore their newly acquired properties or sell them as-is.

    "I thought this was blood at first," Blanchard says, stopping at a photo of red spatters on a stucco ceiling. (It's Kool-Aid.)

    Inferring motivation for intentional damage is not an exact science. Neglect, mental and/or drug impairment, and financial desperation -- appliances are almost always missing -- are difficult to rule out. However, some situations seem to point only to vengeance.

    "When you think about the mind-set of people when they came to town in '04, we were the get-rich-quick city," says Loreen Stuhr, owner of appraisersoflasvegas.com. "You move to town, invest in a property and make a hundred thousand on your house.

    "But it didn't work out that way," she says. "And the frustration of losing everything can be overwhelming -- especially for the ones who relocated here."

    Blanchard arrives at the photo he has been searching for. The kitchen countertops and cabinet doors in this foreclosed home have been smashed to bits. On the wall to the left of the sink is an illustration in felt marker.

    It depicts an act of sodomy.

    "Who would do that?" Blanchard asks.

    Indeed, Stuhr thinks that ticked-off tenants are inflicting an equivalent -- if not greater -- amount of damage than the former owners.

    "Sometimes the homeowner doesn't tell them, until the very last moment, that they're about to go into foreclosure because their 3/1 ARM (adjustable rate mortgage) just came due and they can't pay it with the rent," she says. "Probably out of anger at not being told sooner, they'll trash a house as they're leaving."

    Whether it's the tenants or former owners, the problem is clearly that the culprits feel as though there's nothing to lose.

    "From an economist's point of view, this is what's called a moral hazard," says Stephen M. Miller, chairman of the economics department at the University of Nevada, Las Vegas. "The incentive of the (occupant) is not aligned with the incentive of the bank. The bank wants you to take good care of the house. But as soon as you're in a position where you don't have any ownership in it, you have no incentive to -- other than your conscience."

    According to Blanchard, some of the 30 banks he represents attempt to offer incentives that ensure a home will be left undamaged.

    "As long as it's broom-clean and (the former owners) let us take photos of the property while they're living in it," he says, "they get about $500 if it's essentially the same when they move out."

    Similarly, Blanchard notes, tenants typically receive $500 to $3,000 in relocation fees from the bank -- depending on their rent costs -- if they leave in peace.

    In addition, the IRS occasionally pursues former homeowners for a gift tax on the portion of their loans forgiven by the bank, which should make the former homeowners want to help boost the sale price.

    Logic has a tendency not to prevail, however, when emotions run high.

    "People are upset," Kraemer says. "They're losing their house. A lot of times, they don't think it's their fault."

    Banks can shift from carrot to stick -- going after the vandals in court. However, none of the interview subjects has ever heard of one doing that. (Representatives for Washington Mutual, Countrywide, HSBC and Bank of America -- four of Las Vegas' largest companies that deal in mortgages -- refused to comment for this article.)

    Similarly, disgraced former homeowners are not likely to go through the trouble of attempting to ding the credit reports of former tenants.

    While the real estate world awaits an answer to this problem, Blanchard prefers to think of the 50 or so damaged properties among his 120 foreclosures as opportunities -- at least for him and the potential Bob Vilas he hopes to entice.

    "I prefer to sell (houses) like this," Blanchard says, explaining that banks usually knock 10 percent to 15 percent off the price of as-is foreclosures, with repairs likely to total 5 percent to 7 percent.

    "It gives the opportunity for someone to get into a property for a better value," he says.

    Plus, if you're a collector of felt-marker wall art ...

    Contact reporter Corey Levitan at clevitan@reviewjournal.com or (702) 383-0456.

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    Margie wrote on June 28, 2009 07:53 PM: All over you hear that banks don't want the house and they will work with the people, but that is not what I have been seeing. My brother owed 5k for six months of back payments totaling 6 months. After his first missed payment in 6 years(he had an arm rate), he requested a modification-anything less would help him. he was told to fill out a"buyers' assistance"form and wait 90 days. He called back several times to make sure he was not forgotten,and was told repeatedly that he"had to wait until they could process the form.He was told to fill out the form again "just to make sure".He faxed info 2 times.No response.Why?Who knows, maybe because Wamu was going down.You can't tell me Wamu was concentrating on helping my brother when the company is floundering.The trigger to all of this was that his girlfriend of 7 years left him with many bill, including a luxury car lease, taking anything valuable out of the house,etc.He had lost his job that same week, but got it back less then a month later. He was told his annuities were gone due to a company bankruptcy, so he fell into a deep depression.Meanwhile the foreclosure clock is ticking.HE finally found a comapany that told him that his annuities were not gone and they could help him cash out. BTW, each time he called/calls Wamu/Chase he was/gets tranfered to a new rep who tells him a different amount owed and different guidelines.The problem is that THE BANK WILL NOT LET HIM PAY FULL AMOUNT(13K including bank fees)12 DAYS AFTER AUCTION.THE BANK WILL NOT POSTPONE AUCTION A WEEK! He owe less than house worth! Banks know if they have a house they have money!How many times do we pay 4 the same house?FK'em


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    JohnBoy wrote on December 03, 2007 10:36 AM: There are 2 sides to every story. I rented a house that the owner let foreclose. The notice got sent to the rental house, not the owner's house in California. I just quit paying rent to the poor guy. He never said a work, didn't care. I lived in the house rent-free for 6 months before I was told I had 30 days to get out. Worked out great for me. And, I left it in perfect condition when I vacated.


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    Ed W wrote on November 17, 2007 12:14 AM: I think the real estate downturn is far from over, and our banks will continue to right down debt. The problem will come when foreign banks have to right down debt from all the bundle loans they purchased and they stop lending and purchasing from America. Here is what I discovered this week.

    There is a company sponsoring a foreclosure auction here on Dec. 8, 07. I went to the website to investigate what type of homes will be auctioned. I then drove around and looked at several in the 8914l, 89052,089135 and 89138 areas. The homes are all banked owned and in fairly good shape. I then decided to investigate a little further to find out what the original owners paid and what the banks are into the homes for. To my surprise all the homes had recorded sales of 550K to 750K, within the last 2 years. Countrywide owned most of the original loans and had sold the paper to foreign banks, mainly in Germany for about 150K to 200K lower than what was originally recorded. All the homes have set on the market vacant for over a year and now the German banks are auctioning these assets for what ever they can get for them.

    So with the US dollar at an all time low and let's face it international banks have drove a lot of the mortgage practices over the last few years, when they find out how much they are going to loose, do you think they will ever do busy with the United States again! This will not only hurt the US housing market, but foreign investment as well.


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    Doug Ponci wrote on November 07, 2007 02:55 PM: This is in response to Corey Levitan's November 4, 2007 article titled "Foreclosure Fallout: Home Sour Home". In the article Mr. Levitan states "In addition, the IRS occaisionally pursues homeowners for a gift tax on the portion of their loan forgiven by the bank....".

    The situation described by Mr. Levitan is not a gift and thus subject to gift tax in the eyes of IRS. As a matter of
    fact, if the debt cancellation was intended as a gift, no income is recognized.

    Generally, if a taxpayer owes a debt, and the person or business holding the debt cancels or forgives it, the tax payer may have to include the canceled amount as ordinary income on their tax return.

    Each time a financial institution cancels a debt of $600 or more, they are required to file "Form 1099-C, Cancellation of Debt" with IRS with a copy sent to the taxpayer.

    In the scenario described in Mr. Levitan's article, if a homeowner has a mortgage that is greater then the fair market value of the property secured by the mortgage then they may have debt cancellation income.

    However, even in this example the homeowner may not have taxable income if the debt was discharged in bankruptcy, if the homeowner was insolvent immediately before the discharge, if the homeowner had qualified farm debt or qualified real property business debt.

    As you can see the tax implications in foreclosures is complex and I have barely scratched the surface.

    As a tax professional with the largest tax preparation firm in the United States I was not writing to detract from the important message that Mr. Levitan was trying to convey. Rather to help taxpayers understand the tax complexity surrounding foreclosure, repossessions, bankruptcy and the overall problems we face in the current mortgage industry.


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    Andrew wrote on November 06, 2007 09:36 AM: Selling a property and having title transferred as a result of a lienholder foreclosure are different animals. If a lienholder forecloses, it wipes out all junior liens and interests in the property including leases. Otherwise, a shifty landlord could give his tenants a 50 year lease at below market rents and the lienholder would be screwed.

    This is also why, if you are buying a tenant occupied property, you should thoroughly review the lease and get an estoppel letter from the tenant verifying the terms to make sure the landlord/seller is telling the truth.


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    TheTruth wrote on November 05, 2007 03:56 PM: GLVAR has been pusing a wagon load of horseshxxt on the public long enough! Brokers, tell your sellers to drop their prices 50% now or wait and watch your listings die on the vine! Noone is going to pay these speculative inflated prices anytime until sellers get back to market driven sanity! Which isnt 2005 pricing! Hell no! Greed may be the watchword with sellers, but buyers are saying take your stucco crackerboxes on matchbook sized lots and let them rot in the desert sun. If you are selling any you have ANY equity, run dont walk toward the next offer you get!


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    Real Estate lawyer wrote on November 05, 2007 11:50 AM: Nevada land lord tenant laws require the acquiring owner to honor any "leasehold" that exists at time of title transfer. However, if the tenant is month to month or now in many cases many leases contain "termination on sale clauses" which give the new owner the right to kick out the tenant with a 30 day notice.


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    ropeadope wrote on November 05, 2007 11:44 AM: Well all you pinheads out there, ya you know who you are! Still thinking the real estate market has hit bottom? Take a lookie at the troubles with the Big Banks now! Yea, ya think we be in a slight economic tailspin do ya schmuckos??? Better stop thinking "downturn" and start praying we dont go into a full blown "recession"! Hell, folks one bump in the middle east and we will be dealing with world wide depression with oil at $200 a barrel! Dont believe it now???, did you think the good old real estate market would go on and on at 20% per year forever, yea sure you did, now lookie loo brothers and sisters! The NASDAQ is still down 50% 7 years after that fiasco???! Viva Las Vegas Baby!


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    Tax Wonk wrote on November 05, 2007 06:23 AM: >>> ""Sometimes the homeowner doesn't tell them, until the very last moment, that they're about to go into foreclosure because their 3/1 ARM (adjustable rate mortgage) just came due and they can't pay it with the rent,""

    >>> This is hapening quite often and it is very unfortunate for the tenant. Many times they are left with little or no time to relocate their family. Tenants can check on-line to find out if their landlord is in foreclosure at RentalForeclosure.com. Know in advance won't give them any more rights but it may help to avoid haveing to move at the last minute.

    I was confused by this. I'm a lawyer but in an area far removed from property/landlord-tenant law, and had rather naively assumed that (i) if a landlord sells a rental property, the buyer takes the property subject to the existing lease, and (ii) that, similarly, if landlord defaults on mortgage and bank takes it (either by actual foreclosure or by deed-in-lieu) bank would similarly be bound by the existing lease.

    The discussion in the article (and Shawn's comment below) suggests my understanding is completely wrong (at least in Nevada). Is it?


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    carsten brandt wrote on November 04, 2007 12:12 PM: Dear author,
    It doesn't sound good. What is the expectations to the market in the comming months? How strong are the banks? How is the demanding at the moment sale sept/oct 06 contra 07? Looking pt at either an appartment on Las Vegas Bldv (min 1100sqf) or a house in seven hills area, but looking at the real estates home pages you can't see effect on the prices (yet), they are still dreaming of unrealistic profit compared to what they have paid 2-3 years ago? regards Brian


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