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May 4, 2009 6:23 pm US/Eastern
County Foreclosure Laws Face Resistance
MIAMI (CBS4) ―
Two Miami-Dade ordinances to combat blight from foreclosures is meeting resistance among realtors. The county laws were passed in December and in April the county began enforcing one of the laws that mandates banks complete an inspection of the unit prior to selling it.
The consumer protection is intended to give buyers full disclosure about the condition of the home including whether there are building or zoning violations.
Carlos Ruiz, a realtor does not see it as consumer protection.
"No. This is an income producing ordinance that is not offering any more protection to the consumer than they had before." said Ruiz.
Ruiz and dozens of realtors are taking issue with the inspections for a number of reasons. The detailed reports are completed by a certified engineer or architect.
They note everything about the property including appliances and whether doors and locks work. The reports are posted on a county website where you look up the report by the property address. Realtors believe the public posting is a virtual shopping list for thieves.
"Pretty much. It would become an online home depot for the thieves to come and know what is in there." said Ruiz.
Monday we took the realtors concerns to Ralph Gisburt with Miami-Dade County's Zoning and Planning Department. When asked about the public postings Gisburt responded, "I can't really respond to that." Gisburt told us Zoning and Planning has not even considered posting this sensitive information as an issue.
Realtors are also concerned about another foreclosure law about to be enforced in about 90 days. At Jose Mas Canosa Center in Sweetwater, realtors lined up to voice their frustration about it. The law will require banks to register with the county when the file a foreclosure against a property. The registry along with a $125 fee will allow for a pre-foreclosure inspection by the Office of Neighborhood Compliance (formerly Team Metro).
Inspectors will note obvious violations and forward them to building and zoning departments for enforcement. Banks that do not make the corrections would incur fines of up to $500. The assistant director of Neighborhood Compliance, Grisel Rodriguez, says if you don't fix it they will step in.
"We're going to fix it and it's going to be at your cost," she said.
Realtors representing the banks would get that bill. At the forum Monday, one realtor told a county panel, "You think I'm going to pay a lien? Not going to happen. I will leave the business."
Realtors, who have a hard enough time reaching banks as it is, worry these new laws will slow what little sales they have.
Ruiz wants the county to revise what was supposed to be good intentions.
"Leave our homes alone. Leave our homes alone. We don't want government in our homes." said Ruiz.
Between inspections and certificates of use it is supposed to take just a few days. Many realtors told us it's taking about a month. All of this comes with a hefty price tag. Between hiring an engineer and the permit fees it can cost upwards of $2,000. Costs that the banks are indicating will be paid for by buyers.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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