Live alongside a foreclosed home? Here's a stop-gap measure to keep pipes from bursting
Barbara in Baltimore County owns a condo directly underneath one working its way through foreclosure. Last winter, after the borrower in default moved out, the pipes froze, burst and flooded several other units, she says -- one so badly that the owner had to live elsewhere for months. (Barbara's unit was damaged, too, but only a small part of it.)
When the pipes burst, the bank hadn't yet taken the property back. "It never dawned on me it would go into another winter," she said. But lo, as the temperatures began to drop in October, the condo was still in not-quite-foreclosed limbo.
The solution to avoiding a repeat performance seemed obvious: Get the heat turned back on. But that was much easier said than done.
Her property manager declared that nothing could be done, she said. An attorney she hired couldn't even turn up the name of the foreclosing bank for her (in Maryland, the plaintiff in foreclosures is usually the law firm handling the case). She had already tried -- months earlier -- to pay the empty condo's electric bill herself, to no avail. She even called elected officials, for all the good it did. And she figured that going after the not-yet-former homeowner wouldn't get her anywhere.
A lot of people are probably finding themselves in the same situation, considering how many improperly winterized not-quite-foreclosures the country has. But take note: Barbara finally got results.
Here's how:
One day in December, when weather forecasters were predicting 17 degree temperatures overnight, she and several neighbors called and emailed the property-management company yet again to insist that there had to be a way to get the heat on in the problem unit. This time, an assistant at the firm agreed and made calls of her own. By the end of the afternoon, the Baltimore Gas & Electric bill was in the condo association's name and the heat was back on.
"We were down to the final hours of another disaster," Barbara said. "Somehow, the impossible was done."
When she told me about this last-minute minor miracle, she wasn't sure how it had been managed. She said she'd called BGE herself early last year to try to take over the bill and said she got no satisfaction. "BGE said, 'Nothing we can do. ... It's not your account,'" she recalled.
BGE spokeswoman Linda Foy said the company doesn't have a "standing policy per se" for such a situation, but having a condo or homeowners' association "assume responsibility for the bill is an option." If neighbors can't get anywhere with their association, or if there is no association (think rowhome), they can call BGE's customer-service line "to request service to the other residence be put in their name," she said.
"We would have to approach these types of situations on a case-by-case basis," Foy added in an email.
Judging by Barbara's experience, you might need to be persistent no matter whom you call.
The heat remains on in the unit above her, so for the moment all is well. But she can't believe how much effort it took to flip a switch.
"It was nobody's problem," Barbara said. "And I still don't know whose problem it should have been."
Categories: The foreclosure mess



Comments
An easier solution would have been to simply turn off the water to the unit or rowhouse. Either do it at the shutoff in the house or in the sidewalk: Pop off the water meter cover and then you'll see a valve on the street side of the meter. Turn the valve 90 degrees and no more water pressure. If you have access, drain the pipes by turning on a faucet in the basement or lowest point in the structure.
Posted by: Steve | February 7, 2011 9:37 AM
Thanks for the suggestion, Steve!
Posted by: Jamie Smith Hopkins | February 7, 2011 9:46 AM
Speaking of turning off the water... I was under contract to buy a foreclosure that had been winterized, and just as an FYI to anyone else thinking of buying a foreclosure - - it's a nightmare to get the house dewinterized for the (information purposes only) inspection. You just have to be a pain - - keep bugging the bank's real estate agents every day - from the moment you have a verbal agreement until it's been confirmed that the house has been dewinterized. Also make sure it's in your contract, too (I think it's standard language in the standard MD State purchase contract) - - that all the utilities must be turned on in time for the inspection or else the contract can be voided b/c the seller didn't hold up its end of the deal. Most of the banks that own foreclosures hire a separate agency that handles the winterization, so it can be very difficult to get the house dewinterized in time for your inspection.
Posted by: SLL | February 7, 2011 10:21 AM
SLL: That is all too true. Often my buyers end up just paying for it themselves in order to get it done and move on. It can cost about $100-150 for the de-winterization. The worst part is that you then have to pay to RE-winterize it, and then pay AGAIN to de-winterize it once you settle.
They usually require them to be re-winterized until mid-April, so you can often ask the agent to ask the bank about leaving it de-winterized between April and September.
Posted by: John K. | February 7, 2011 12:00 PM
Reading the post I had the same thought as Steve, turn the water off not the heat on.
The only downside is unless you also drain the water from the the pipes after turning the water off the pipes will still contain some water and could burst. However even if this occurs the damage will be great;y reduced from what was described above.
Posted by: Paul | February 7, 2011 12:31 PM
couldn't/shouldn't you get the city to turn off the water to a vacant rowhouse?(i can only imagine this will unleash a torrent of 'if you can get the city to do anything ...' comments.) i'm sure it would be in the purview of DHCD/DPW but it probably would take a lot of bureaucracy to get the city to respond to a need to turn off water to a house that isn't your own.
Posted by: dude | February 7, 2011 1:01 PM
Dude, in this example, it's a Baltimore County home, but that's an interesting question.
Posted by: Jamie Smith Hopkins | February 7, 2011 1:30 PM
well, city would still be responsible for the water meter for a baltco home ... but again, it's probably faster to take the matters into your own hands ...
Posted by: dude | February 7, 2011 2:42 PM
Ah, I thought the county would be the point of contact for a county home, even if the water supplier was the city. But you could be right.
Posted by: Jamie Smith Hopkins | February 7, 2011 2:44 PM
Thanks for the water tip, Steve! We currently have a small stream of water running down our side sidewalk, between our house and the empty one (going into foreclosure) next door. I thought it was snow melt, but it seemed like too much for just snow. Walking around the other day I noticed the gutters and sump pump outflow all point straight to our (slightly lower) yard. I could also hear a steady stream of water but could not tell if it was from snow melting off the roof or something else.
I'm wondering if a pipe might have burst in/under the house, because parts of the side of our yard are saturated, but having just moved in I don't know if that's typical for snow melt there. I do know we are going to go into the yard to redirect the gutter outflow, though one goes into the ground and I'm not sure we should go digging up the yard to figure out if it's seeping towards our yard from underground or if they tied into the sewer lines. The house has no electricity right now, so no heat but at least the sump pump isn't dumping more water out way.
I just want to fit it so side and front walk are no longer covered in flowing water and (sometimes) ice.
Posted by: Amy | February 8, 2011 10:20 AM
I do work on rowhouses and deal with this all of the time. You can call the City Water Dept to come turn off the water at sidealk level. Sometimes you can do it yourself withthe bigger water metal plates in front of the house.The smaller plates mean that the water trun off is too low and needs a special tool. Generaly , only the City has that tool[although a friend of mine got a hold of one that sometimes comes in handy
Generally the city will come out within 48 hours to turn off water.If its an emergency, they will come out quicker. During cold freezes, they are swamped with calls and are slower to come out.
If a person can get inside an abandoned house, they can turn the water off by going to the frontof the basement where the water comes in
With rowhouses, the main problem is with rowhouses with wooden frame additions.If itsa house made outof 100% brick, and isnt an end unit, the pipes rarely freeze. But in the 1950s-80s many people in Canton,ect added wooden framed additions and put thier kitchens in them. they then foolishly put thier sinks and water pipes against un -insulated , or badly insulated, wooden walls
Posted by: Pete from Highlandtown | February 11, 2011 6:10 PM
SEE:
"What happens when a bank begins to foreclose on a property, then changes its mind?" by Justin Sondel @ http://bit.ly/i5z3Py.
It is crucial for lawmakers to probe lawyers who file bankruptcy court and civil court foreclosure proceedings. Banks, lenders, and servicers cannot accomplish legitimate or illegitimate repossessions or foreclosures WITHOUT A LAWYER FILING SOME TYPE OF PLEADING. Even for non-judicial foreclosures, lawyers record deeds as a result of purported foreclosures.
When foreclosed property deeds are illegal, future buyers encounter all sorts of problems down the line –even when buying fixer-up blighted properties! Fabricated deeds also enable lenders to claim unentitled mortgage insurance claims, file false IRS 1099-A's –and still force upon communities blight and rodents.
Untold numbers of families are homeless WHO HAVE NEVER LOST OWNERSHIP of their homes –some of those people are probably in those stories. Further, thousands are unconscionably assessed “DEFICIENCY JUDGMENTS” and garnishments from foreclosures, but they actually do not owe that debt!!
Please demand that law makers, Attorneys General, and Congress NOT ONLY examine lenders & servicers, but moreover foreclosure LAWYERS & MILLS. *SEE: http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
Posted by: Barbara Ann Jackson | March 2, 2011 7:30 PM