15.06.2014 Views

Foreclosure Mitigation Program Transfer of Real Estate Village of ...

Foreclosure Mitigation Program Transfer of Real Estate Village of ...

Foreclosure Mitigation Program Transfer of Real Estate Village of ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Village</strong> <strong>of</strong> Romeoville<br />

<strong>Foreclosure</strong> <strong>Mitigation</strong> <strong>Program</strong><br />

<strong>Transfer</strong> <strong>of</strong> <strong>Real</strong> <strong>Estate</strong><br />

General Guidelines & Procedures*<br />

Effective: February 4, 2009<br />

Last Updated: February, 2012<br />

Responsible <strong>Village</strong> Employees:<br />

Steven Rockwell, Community Development Director<br />

Leslie Raupp, <strong>Foreclosure</strong> <strong>Mitigation</strong> Manager<br />

Policy Contact:<br />

Community Development Department<br />

1050 W. Romeo Road, Romeoville IL 60446<br />

(815) 886-7200<br />

*Note: These guidelines and procedures only address the requirements set forth by the Community Development<br />

Department and do not reflect the policies <strong>of</strong> the Finance Department regarding transfer stamps and clearance<br />

letters. That information can be found at http://www.romeoville.org/Finance/index_fn.aspx<br />

<strong>Village</strong> <strong>of</strong> Romeoville Inspections<br />

Chapter 93 <strong>of</strong> the <strong>Village</strong> Code <strong>of</strong> Ordinances requires an interior inspection be performed on all<br />

vacant/abandoned properties that have had the public water system disconnected. Water service will not<br />

be reconnected until such time as the vacant property has been inspected by the <strong>Village</strong> and determined<br />

to be in compliance with all applicable <strong>Village</strong> ordinances. Building inspectors reference nine (9) separate<br />

Codes when performing their inspections, but are mainly looking for life-safety issues. Before this<br />

inspection can be scheduled, an indoor air quality test must be performed by a certified testing company<br />

and a copy <strong>of</strong> the report sent to the <strong>Village</strong>. This is to ensure the safety <strong>of</strong> the <strong>Village</strong> Inspectors while on<br />

the premises. If this test reveals elevated levels <strong>of</strong> mold are present in the home, remediation and a<br />

subsequent air quality test may be necessary.<br />

<strong>Transfer</strong> Stamps<br />

This <strong>Village</strong> inspection must be performed before transfer stamps will be issued for any kind <strong>of</strong> Deed<br />

(including Sheriff’s). This <strong>Village</strong> inspection will be considered active for one (1) year. After that year has<br />

passed, if the Community Development Department or the Building Department deems that sensitive<br />

items were present during the initial inspection, a secondary inspection may be required at an additional<br />

cost.<br />

Affidavit<br />

At the time <strong>of</strong> the <strong>Village</strong> inspection, if violations are found to be present at the home, the current legal<br />

Title holder has two options in order for a sale <strong>of</strong> the property to be approved by the <strong>Village</strong>:<br />

1) The seller <strong>of</strong> the property must abate the violation(s) prior to the sale <strong>of</strong> the property.<br />

2) If the <strong>Village</strong> agrees, the seller notifies the buyer <strong>of</strong> the pending violation(s) AND the buyer<br />

assumes responsibility for abatement <strong>of</strong> the violation(s).<br />

If option two (2) is chosen, abatement is done through an affidavit process. This allows for violations to<br />

be abated after the property has transferred ownership and is occupied by the new owner. The buyer/<br />

new owner must sign an itemized affidavit <strong>of</strong> the violations present which includes a date by which the<br />

items are to be abated. Due to time constraints, the date on the affidavit can generally be modified for<br />

compliance within thirty (30) days <strong>of</strong> the day <strong>of</strong> closing on a property. Within these thirty (30) days, the<br />

1


new property owner must submit the proper permits to the Community Development Department prior to<br />

starting any work. The affidavit date is a reflection <strong>of</strong> the latest date at which the homeowner can begin<br />

repairing the violations. The work must be completed before the permit expires, generally within six (6)<br />

months.<br />

Water Service<br />

Water service will not be permanently returned to a home unless a bill is put in the name <strong>of</strong> the legal Title<br />

holder and the <strong>Village</strong> Inspection is completed. It is not necessary for water to be on at the time <strong>of</strong> the<br />

<strong>Village</strong> inspection.<br />

Special Situations<br />

<br />

<br />

If an indoor air quality test is to come back with elevated levels <strong>of</strong> mold and remediation is<br />

deemed to be necessary, work can be performed before closing by an entity or individual holding<br />

Title to the property. A Romeoville-licensed mold remediation company must be hired to<br />

complete the work through a permit and a work report/secondary air quality test must be<br />

submitted to the <strong>Village</strong> when the work is complete. When this is not possible, a buyer can<br />

assume responsibility for mold remediation after closing by signing a mold affidavit. This allows<br />

for mold remediation and the required <strong>Village</strong> inspection to occur after transfer stamps have been<br />

issued and the home has transferred ownership to the buyer. This process has several<br />

restrictions for occupancy and water service that differ from the traditional affidavit process<br />

discussed. Please contact the Community Development Department for more information.<br />

If a 24-hour water turn-on is necessary for a buyer to complete a private home inspection, this<br />

water turn on can occur prior to the required mold testing and <strong>Village</strong> Inspection. Please contact<br />

the Water Billing Department at 815-886-7200 for further information.<br />

Additional Requirements<br />

<br />

<br />

<br />

<br />

At the time <strong>of</strong> the <strong>Village</strong> inspection, a representative <strong>of</strong> the property must be present to grant<br />

<strong>Village</strong> inspectors access into the home.<br />

The indoor air quality test shall sample air on all living levels <strong>of</strong> the home including any basement<br />

or crawlspace.<br />

A certified company or individual does not need to be licensed with the <strong>Village</strong> <strong>of</strong> Romeoville to<br />

perform an indoor air quality test in a home. The <strong>Village</strong> does keep a list <strong>of</strong> companies who can<br />

perform such tests. Please contact the Community Development Department for this list.<br />

If elevated levels <strong>of</strong> mold are found to be present in a home and remediation is necessary, a<br />

Romeoville-licensed mold remediation company must be hired to complete the work. Please<br />

contact the Community Development Department for a list <strong>of</strong> licensed contractors.<br />

Scheduling and Fee Requirements<br />

<br />

<br />

In order to schedule the <strong>Village</strong>-required inspection, a copy <strong>of</strong> the indoor air quality report must be<br />

in the <strong>Village</strong>’s possession. The Community Development Department can usually schedule this<br />

inspection within 5 - 7 business days from the day the report is received. The Building Division<br />

leaves two (2) special priority time slots open each day <strong>of</strong> the week specifically for these<br />

inspections.<br />

The fee for this <strong>Village</strong> inspection is $50. If this appointment cannot be kept and cancellation is<br />

not received within 24 hours, a $50 penalty will be assessed against the property.<br />

Related Information<br />

2


Please visit the <strong>Village</strong> <strong>of</strong> Romeoville’s website for more information on these requirements<br />

http://www.romeoville.org/<strong>Foreclosure</strong>FinancialResources/FinResforBanksAttorneysand<strong>Real</strong>tors.aspx<br />

3

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!