Help the City wants to bulldoze my 1st deal. - Posted by Mark

Posted by jafon on April 14, 2006 at 01:59:03:

Don’t panic.

Go to the Buildings Department or Code Enforcement department and let them know of your intentions to rehab the property. Back up your notice to them with a certified letter return receipt requested. Address one to the Chief Engineer or high ranking officer. Send another to the front desk clerk (the people who do the work). File for a permit to do the rehab work if you can.

Visit the tax office and find out if any tax liens are on property. Find out what arrangements can be made but don’t plop any big money down until you are certain a stop has been put to the demolition.

Also go to the courts and get an “order to show cause”. Serve it on the City, Buildings or Code Enforcement Department, and the contracted company or city department responsible for executing the demolition. This should stay the city action until a hearing is had.

Post a sign giving notice of your actions on the house.
Get that work permit and it will go a long way.

Let me know how things go.

Help the City wants to bulldoze my 1st deal. - Posted by Mark

Posted by Mark on April 12, 2006 at 24:25:20:

Due to my closing attorneys mistake, what looked like a great deal is going south real fast. My attorney informed me there was a lis pendens on the house DAYS AFTER closing. I had a buyer for the home as its a steal for the house however everyone is afraid of city inspectors saying they will knock it down. Not sure if I should try to salvage anything out of it and pay to have it demolished myself before the city takes it from me and they bulldoze and I get a huge bill with nothing to show for. At least if I do it I get to keep the land and could rebuild something. If they do its gone completely. Crappy position to be in but if my buyer had’nt taken so long with his financing we could have already showed progress being done on the house. Anyway if anybody has any suggestions I am completely open.



Re: Help the City wants to bulldoze my 1st deal. - Posted by Joe Kaiser

Posted by Joe Kaiser on April 12, 2006 at 22:26:50:

You have a problem. You have an attorney. Tell him to fix it.


Re: Help the City wants to bulldoze my 1st deal. - Posted by Mark

Posted by Mark on April 12, 2006 at 12:36:21:

Problem I’m running into now is the hard money lender for the buyer will not lend money on a house that is scheduled for demolition. I hired an attorney to buy an extra 90 days but according to the lenders its not enough time. They said there’s no assurance that the city will not come and knock it down. Too much of a risk they say. Buyers lender told me I was better off knocking it down myself because it needs so much work and so I don’t have to pay the bill when the city knocks it down. I also get to at least keep the land if I knock it down. If the city demolishes it I have to pay their bill and I lose the land. My worst nightmare!!!
Windows in the house alone are worth about 5k along with a few other things. Are there people that will come out and give money to salvage pieces of the home? It could help offset my expense for demolition. I need to know where to go for that as well. Property is in gastonia, nc. I would sell this thing outright to someone for 10k at this point, I just dont know how to rehab, nor do i have the funds. Any help / suggestions is GREATLY appreciated. I just don’t know what to do!

Re: Help the City wants to bulldoze my 1st deal. - Posted by Mike

Posted by Mike on April 12, 2006 at 09:24:07:

In my area, the city has properties that are on a “fast-track” list. These properties are close to being knocked down, but you can still stop the process by filing a motion to set-aside. You will have to prove to the judge that your serious about moving forward with fixing the items noted by the building inspector. Usually the judge will give you 30 days or so to at least procur a building permit to validate your intent.

I had one property that was in housing court that was less than thirty days from the wrecking ball. Apparently, the seller had led the city on a couple of times by saying he was going to get the building fixed. By the time I got into the picture, the judge was tired of hearing the same story from this person. But, once I went to court and showed that the seller and I had a purchase contract and that I had suitable financing, the judge allowed me time to get the permit. Once I had the permit, a consent decree was signed by the judge and I had more than enough time to fix the property.

Moral of the story, let the city know your plans. Do everything you can to prove your intent (or your buyers intent) is to fix the building. They will work with you to keep the building standing. In the end, that’s really all the city cares about. They don’t want more vacant lots bringing down property values.

Re: Help the City wants to bulldoze my 1st deal. - Posted by TH

Posted by TH on April 12, 2006 at 06:48:20:

Don’t panic and go to the Attorney who filed the lis pendens for the city. I just went through this very same thing, and in our case we just had to satisfy the Attorny and city in showing that our plans included said repairs and replacement cost along with time frame or completition date. They should then remove the cloud on the title after you have satisfied these needs.