Unnecessary Foreclosures

May 6. 2010

America has experienced a record number of foreclosures that saw millions lose their homes. However, there is a national issue, exacerbating the problem. Municipalities and real estate boards in America, placing liens on homes, in violation of Homestead Law, then forcing properties into foreclosure. 

Miami has been plagued with this problem, as has many other U.S. cities nationwide, where greedy residential boards, municipalities and property associations, have forced American families into foreclosures, via frivolous liens for items such as, grass that was not mowed in a timely fashion, house color violations, roof cleaning issues (mildew) and other cosmetic citations of that nature on perfectly habitable homes.

The problems arise when exorbitant liens for $25-$500 U.S. dollars per day, are unconscionably placed on properties and in many instances, foreclosure proceedings initiated. 

Some homeowners did not receive citation notices, while others, who are on a budget or have lost their jobs in the current terrible economic climate, cannot afford to make the cosmetic changes demanded by local councils and end up on the street, when their homes are seized via subsequent council foreclosures.

Let that sink in. There are many people that are struggling to and manage to pay their mortgages, but are being confronted and harassingly so, by Code Enforcement officers, telling them their home is the wrong color, their roof is not clean enough (mildew) or their grass needs mowing, then placing a massive daily lien on their homes, triggering unnecessary foreclosures. 

Another pattern emerging is crooked code enforcement officers rushing to place frivolous liens on homeowners properties, when they read of properties going on sale via realtors websites, hoping to cash in. 

Many Americans have been forced to sell their homes, to spare their credit during this tough financial crisis and hopefully gain some cash to move on with, using the equity therein, only to be confronted with terrible, invented liens, designed to steal the financial equity they have built up in their property over the years.

This foolishness should not be happening in America (or anywhere in this world for that matter) especially during a financial crisis. It is absolute fraud, as Homestead Law, forbids such liens, which are legally labeled "unenforceable."

In one such recent incident in Miami Shores, a Haitian man died of a heart attack, due to financial problems, including being harangued and harassed by said village board, over an accruing lien they placed on his property in 2004, in violation of Homestead Law.  

Weeks after his death, a callous Miami Shores Code Enforcement officer, saw his wife trying to work in the home's garden and snidely informed her, in violation of U.S. Homestead Law, don't bother, because the Village of Miami Shores is going to own the home, foreclosing on it, due to some stupid, ongoing, daily lien they placed on the property in 2004, that has grown to the massive sum of $200,000. 

She is grieving for her deceased husband and being confronted with such illegal insidiousness. The woman just buried her husband and has to seek legal representation, which will cost thousands, to save her home from a greedy, unconscionable village council.

Ironically, the village council is stocked with people that own construction and home repair businesses, so when they excessively cite homeowners, guess whose businesses you are likely going to end up going to in order to correct the so-called code violations on your home. 

Ironically, just yesterday, a Miami Shores Village employee was arrested for embezzling $200,000 in funds from taxpayers in the area, who pay lien and sanitation fees.

The South Florida law firm of Genovese, Joblove and Battista, has openly and actively, broken U.S. Homestead law, launching American families in South Florida, into bankruptcy and severe financial straights, via inflexible, daily property liens, which have nothing to do with homeowners' mortgages. 

Other similar law firms around the nation, are also egregiously breaking Homestead Law, costing Americans many millions in code enforcements citations/liens and in many cases, their homes. Something needs to be done about this on a federal level, as it is damaging American homeowners, whilst putting some out on the street in violation of existing laws.