Page 15 - Boca Club News - February '24

Boca Club News, Page 15
Legal: Real Estate Horror Stories

By Michael J Posner, Esq. a partner property. Needless to say, in both cases the buyers got a big A common tactic found in many foreclosure cases is
in Ward Damon P.L., a mid-sized surprise when they got to the house after closing. former owners pouring cement down the toilets and the sinks
real estate and business-oriented One client advised me after we handled their closing that before vacating the property. This will be a costly repair
law firm serving all of Florida, with their new home was left in a disgusting, dirty condition. It if the cement is deep into the sewer lines due to the slab
offices in Palm Beach and Lee County. took them many hours and much money to clean the property. construction of most modern homes.
They specialize in real estate law However, there was a bright spot as they discovered an old Another common tactic is the removal of plugged-in
and can assist lenders, buyers and painting left behind that contained a surprise discovery when appliances. This includes refrigerators, washers and dryers,
sellers with purchases, loan closings removed from the wall. Taped to the back of the painting was microwaves, ovens and other plugged-in appliances. In
and refinances of residential and an envelope containing nearly $20,000 in cash that appeared some cases, even appliances that are hardwired such as
commercial real estate. They can be reached at 561.594.1452 to have been left there many years before by an old owner. dishwashers, ceiling fans, garbage disposals, kitchen
or at mjposner@warddamon.com. This more than covered the cost of cleanup and restoration cabinets and the like are removed by the former owners.
Real Estate transactions can bring out the worst in people. for the new buyer. This can be considered felony theft, though few lenders
Whether it is unhappy sellers, homeowners being foreclosed Evictions and foreclosures are often very stressful on seek criminal prosecution for these actions.
and/or tenants being evicted, some act out and, as they say the owners/tenants being forced to leave their property. It Some former owners even resort to whole property
on Law & Order, these are their stories. is common for banks and landlords to discover damage or destruction. There have been several cases of arson
I have handled thousands of closings and in most cases the destroyed property upon taking possession. This includes associated with foreclosed homes. These cases have resulted
parties are happy about the transaction. However, sometimes unflushed toilets, punched holes in walls, rotting food in an in felony arrests for the former owners who were caught
the deal goes sour and the seller acts out in an attempt to harm unplugged refrigerator or freezer, garbage strewn throughout for their actions. In Longwood last year a homeowner set
the buyer. In one closing, a seller removed every single light the interior, animal waste on carpets and lawns not mowed fire to a home of 25 years after losing the property to a
bulb located in the house. This included the lights in the closets, with dead plants. In addition, many former occupants homeowner’s association lien foreclosure. He had fought the
refrigerator, and even in the oven. In another closing the seller leave behind unwanted personal property items. We once HOA for six years before the home was sold to a third-party
detached the wall-to-wall carpeting in every room and rolled up discovered a hardtop for a Mercedes-Benz convertible left bidder. Investigators said Hermann told a paramedic treating
the carpet as if they were preparing to deliver same to another in a garage. him that he “started the fire in an act of revenge against the
Homeowners Association in charge of his property” and that
A Free Opportunity he had shot himself in the neck after starting the fire.
How can lenders and landlords avoid these issues?

For Animal Lovers ... One option is to offer a bonus to the former occupants to
deliver their property in good condition. This offer should
Now Feed 6 Shelter Dogs and Cats Every Day at No Cost to You ... be delivered pre-possession, with agreed upon rules to
in Less Than a Minute ...with just “Click” make it clear what is expected. Lenders have been known
to offer several thousand dollars for properties returned in
Want to feel really good about yourself? If, like most of us, those TV announcements bring tears to your eyes with good condition as part of a cash for keys program.
photos of sad shelter dogs and cats in small cages, hoping somehow to be brought into loving homes – when you wish In sale transactions, it is crucial that buyers take advantage
over and over again that you could somehow bring joy into their lives, here is an act of loving kindness that will cost of pre-closing walkthroughs to ensure that the property has
you absolutely nothing ... and take less than a minute a day. been maintained in the same condition as when originally
Visit the website: www.theanimalrescuesite.com and click on the words “Click here to feed a dog or cat.” A “button”
will appear on your screen, and all you have to do is click on it once. Each time a person clicks on that button, the website’s shown. Damage and missing items can be intentional (such as
sponsors provide bowls of food, free, to feed 6 dogs and cats. a high-end built-in audio system being removed and replaced
That’s all there is to it. In only seconds each day, you can see to it that 6 animals are fed. The folks who run the website never with a mass market system) to unintentional damage due to
bother you with tons of promotional e-mails. You can, if you wish, click on a link that sends a daily reminder to you. I did that; the sloppy movers. Also, carpets and paintings can easily hide
reminder is e-mailed, and that is it. No hard-sell follow-ups. And if you realize how good it will make you feel to be able to do at least wall and floor damage. Both the pre-closing walkthrough
something for these poor, loving creatures who are there through no fault of their own (some have been rescued from abusive owners),
imagine how even bowls of food will help make the animals feel better. and the duty to maintain the property in the same condition
Please take just seconds a day to lift 6 animals’ spirits ... and your own. Thanks. as the start of the contract are enshrined in most residential
contracts as a right in favor of a buyer.