All of us will agree that lawn care can get quite hectic, especially with such a hectic and fast paced life. Hence, it becomes all the more necessary to choose the right lawn service company. There are a number of service providers who have entered this business. It is important to do a thorough research before identifying any particular lawn service provider.

Check with friends and neighbours

Once you have decided to hire the services of a lawn service provider, you need to establish clarity on which you are going to choose. Find out from friends, neighbours and relatives for recommendations of lawn service providers. Go through the reviews posted on the website as this will give you an idea of the quality of the service provided. It is advised that you do business with a lawn care company of repute and credit standing. Ideally, you need to get the details from atleast five to six companies, check the details and go through the reviews. If possible, speak to the companies, get the quotes and compare them.

Establish clarity on the type of services you require from the lawn service provider. You can call on the executive of the lawn service company for understanding all the details so that decision making becomes easier. This is also an opportunity to get all your doubts cleared. The lawn size, type of irrigation facilities, application of pesticides and fertilisers required all play an important role when it comes to fees for the lawn service providers.

Some lawn service providers may suggest a seasonal maintenance depending on the type of trees, shrubs and plants in your lawn. They will also provide suggestions as regards the type of lawn care, organic or chemical. Other additional lawn care services include pest control, core aeration, reseeding, dethatching and fertilising the lawn. Once you have checked the facilities and services provided by them, you can now discuss their pricing. Get a written estimate about the overall cost of lawn maintenance. This gives you an idea when speaking to a different lawn service provider.

Last but not the least; always settle for a company which provides affordable rates at quality services. A beautiful looking lawn improves the beauty and value of your lawn or backyard. Many lawn service companies offer a free analysis of the lawn to the customers. This will also give lawn owners an idea of the type of service they can expect from these companies.

Fertilising the lawn is a very important lawn care activity and it provides the requisite nutrients to the lawn. This helps in the healthy grown of the lawn. There are a number of lawn service programs that are offered. Lawn fertilisers include micro nutrients, potassium and nitrogen. Weed control, seeding and aeration are also important lawn care aspects and are effective in healthy growth of your lawn.

If you deal with receiverships, this case will be of interest to you. A lender, a borrower and a court-appointed receiver have been battling one another in an Indiana federal court in connection with a failed construction project. Problems arose when a partially-constructed apartment complex deteriorated so much during a foreclosure suit that a judge condemned the property and ordered it to be demolished, resulting in damages alleged by the borrower of $4,167,881 (representing the purported value of the property pre-suit minus the value of the foundations of the buildings after demolition). In Judge Philip P. Simons words, assessing who is at fault for this mess is at the center of the action currently before the Court. In rulings filed September 18, 2006 and October 16, 2006, the Northern Districts Judge Simon brought some order to the chaos in case no. 2:02cv368, Four Winds v. American Express Tax and Consulting Services, et al. The cite to the September Opinion, which relates to the borrowers claims against the receiver, is 2006 U.S. Dist. LEXIS 71349. The October Opinion, which addresses the receivers cause of action against the lender, can be found at 2006 U.S. Dist. LEXIS 75581.

Lender spanked. The litigation began when the lender decided to foreclose. The borrower filed a counterclaim asserting wrongful foreclosure because there had been no default. The borrower convinced the court that no default occurred, so the court dismissed the foreclosure aspect of the case. The lender then settled with the borrower for a hefty amount on the counterclaims.

Receiver faces trial. The borrower also is pursuing the receiver for negligently failing to protect and preserve the project. An agreed order governed the receivers conduct, and the issue is whether the receiver was grossly negligent. The receiver sought a dismissal of the claim by submitting evidence that it did not act with gross negligence. In fact, the receiver undertook at least some measures to protect the property. But Judge Simon ruled that the case must go to the jury to decide factual issues, including: (1) how the project would have faired had the receiver not undertaken the protective measures that it did, (2) how much damage would more extensive protective measures have prevented, (3) why the receiver did not apply to the court for permission to complete the project or for funding to implement more extensive measures, (4) how many times should the receiver have visited the project and (5) whether the receiver was grossly negligent in fulfilling its duties as the receiver. The case is set for a jury trial on February 20, 2007.

Receiver v. lender dismissed. The receiver, in turn, had its own negligence claim against the lender, which claim really was about seeking reimbursement for any damages the receiver might have to pay to the borrower. The receiver pointed the finger at the lender, arguing that the lender controlled the receivers actions through the funding (or lack thereof) of the receivership. Judge Simon held there was no legal basis for the receivers position, however, and dismissed the claim. If any negligence-based duties flowed between the parties, they flowed from the receiver to the lender, not vice versa. Thus the receiver, if found to be grossly negligent, cannot recoup any losses from the lender (although the receiver may be entitled to a credit/set-off for the money the lender paid to the borrower.)

Interestingly, the agreed order appointing the receiver required the receiver to preserve and protect the property with receivership funds, even though there were no receivership funds to do so because the property generated no income. That catch-22 may have been the propertys downfall. The receiver was responsible for directing the preservation of the property, but on whose dime? Evidently there was an informal arrangement whereby the lender funded the receivership. That went okay at the beginning, but the problems and costs later seemed to snowball out of control. I gather that, if and to the extent the receiver was negligent, it was due in part to inadequate funding by the lender. The confidential substantial settlement the lender paid to the borrower supports my speculation.

Lessons. Even though the lender won its legal battle with the receiver, the lender had already lost when the project failed and the borrower forced the lender to settle. There are some lessons here for lenders (and receivers):

- Ensure there is a default before a foreclosure case is initiated

- Spell out in the receivership order exactly how the receivership will be funded

- Clarify in the order the duties of the receiver, and the borrower or lender as warranted

- If the lender agrees to fund the preservation of the property, it should take reasonable steps to do so and should not unreasonably permit a project to deteriorate substantially in value

But perhaps the greatest lesson is – in cases of construction loans where the collateral is being built – lenders should foreclose and appoint a receiver only as a last resort.

Copyright (c) 2009 Frank Patrick

Abandoned Foreclosure Home Pools are Potential Disease Pits

Foreclosures that have been abandoned by their owners are at historic highs. For many holders of mortgages left owing a lot more than their house is actually worth, it makes more economic sense to walk away than to continue to struggle to meet huge monthly payments.

What happens after those homeowners leave, however, can turn into a horror show. A recent round-up of newspaper stories from across the country shows how these abandoned homes can quickly deteriorate ‘ especially when the previous owners left without any concern as to the condition of the house ‘ and accents the need for more property preservation companies to clean them out.

In Las Vegas, one of hardest-hit foreclosure cities in America, many of the empty homes also have filled pools with the potential to become disease incubators. The number of ‘green pool’ complaints jumped from 1700 to 2800 from 2007 to 2008 ‘ and it’s expected to grow again this year.

Workers with the Southern Nevada Health District make their way from pool to pool, dumping in silvery fish to eat the mosquitoes and algae that quickly overwhelm the pool water.

It’s a problem all across the Western U.S. “As the economy went south, the number of green pools went north,” said Chris Conlan, supervising vector ecologist in San Diego County’s Department of Environmental Health. There, they conduct weekly helicopter flyovers to spot problem pools.

Meanwhile, in Contra Costa County in Northern California, the county’s Mosquito and Vector Control District subscribes to foreclosure listing services so they can scout out troubled pools. They also breed fish to put into the pools.

They would need a whole ocean of them in Maricopa County in Arizona, which contains Phoenix, another major foreclosure-ridden city. There they expect 14,000 pool complaints to surface this year ‘ and mosquitoes. It takes about 50 fish to clean the mosquitoes out of a 400 square foot pool. But sometimes well-meaning neighbors dump chlorine into the pool ‘ killing the fish and forcing health officials to start over.

The pool problem has become so expensive that Nevada lawmakers are considering allowing liens on properties whose owners won’t reimburse them for the mosquito control.

The problem, though, is easily controllable. REO (Real Estate Owned) sellers and agents hire Property preservation and field service companies to maintain foreclosure home pools affordably and make sure this kind of health hazard never materializes.

By keeping pools in pristine condition, banks and lenders can be sure that the eventual REO sale will go swimmingly.

——

Frank Patrick is the founder of national property preservation franchise, REO RESQ’, which offers skilled property preservation specialists hand-selected for their experience working with foreclosure properties. The Franchisees are all Owner-Operated companies and are easily located on the REO RESQ’ website at http://www.REORESQ.com by a simple zip code search.

The rise of REO properties (real estate owned) have created a huge influx of vacant or abandoned homes throughout the country. The sheer numbers of HUD Homes in the foreclosure process are growing annually by 25% and so do property preservation companies like Safeguard that provide property preservation services.

Most lenders these days are finding it easier and more cost-efficient to use established property preservation companies or property management companies to handle influx of additional work . Lenders and mortgage companies have even created separate REO departments that handle properties that require property preservation services.

The well established property preservation companies have developed computer programming systems that allow lenders, contractors, and other parties to manage work orders or jobs created for each vacant or abandoned HUD properties. Additionally, many of the larger property preservation companies use contractors nationwide. Therefore, being up in compliance with the guidelines and regulations for each state is very important.

The U.S. Department of Housing and Urban Development (HUD) have set strict guidelines and regulations that help protect lenders and mortgage holders from further damages or costs that may be associated with the care and dispossession these properties. On April 30, 2007, a mortgagee letter was written to set regulations and guidelines for costs, safety issues, and other important factors that are necessary to perform in order to make HUD Homes saleable and free from unfavorable conditions that may raise legal or undesirable circumstances. This mortgagee letter was updated in May 12, 2008 and can be found in the following link http://www.hud.gov/utilities/intercept.cfm?/offices/hsg/sfh/nsc/ml0703qa.pdf.

The following are some of the services provided by property preservation companies:

- Securing of property

Locksets (door knobs and/or deadbolts) are changed according to lender’s asset management requirements or by abiding by applicable HUD regulations.

Padlocks, slide bolts and/or hasps are usually installed on every entry door to accompany lockset change as required for complete security of the REO properties.

Lock boxes are typically installed with an assigned bank REO code unless already provided by the realtor. Lock boxes secure keys to the property to allow third party access with written authorization only!

Board-ups are completed to secure windows, doors, and entry ways that allow easy access into the property. Applicable guidelines for security are followed based on the size of entry way and the asset management or property management companies guidelines.

Swimming pool areas – swimming pool areas are secured according to appropriate guideline requirements.

- Debris Removal

Personal property – items that are considered personal properties (ex. televisions, computers, items in good condition, etc) are typically stored in a storage for a period of 30 – 90 days depending on lender asset management requirements. Personal items that are not claimed within this period are either sold at a sheriff’s sale/auction, auctioned, or dispensed of by the property preservation companies representitive.

Debris – debris are removed based on lender/insurer/client instructions. Debris are removed and counted based on cubic yards. Lenders typically charge based on this count.

Hazard material(s) – hazard materials are removed based on lender/insurer/client asset management instructions. The dumping of hazard material MUST be followed according to city/county codes. Illegal dumping of hazardous waste is a crime and may be very costly to the individual performing this act.

Car removal – car(s) are removed based on lender/investor/insurer/client asset management instructions.

*Many lenders/investors/insurers/clients require that a dump receipt be provide to verify that the debris was dumped legally.

- Winterization

What is winterization – Winterization involves the preparation for an upcoming winter. This process involves the draining and sealing of pipes as described in the property management companies guidelines so that water does not freeze inside the pipes. If not performed correctly, pipes may burst or break and cause extensive damage to the home before the leak is discovered.

How is a property winterized -

1) Gas and/or electricity should be turned off for the boiler and the water heater.

2) All plumbing and heating systems must be drained.

3) Air pressure must be used to clear the system of water.

4) Anti-freeze must be added to all fixtures.

5) Water supply must be shut off by closing the main shut off valve.

6) Water meter must be disconnected from the cradle and left on the premises.

7) The feed pipe that leads to the main water valve must be disconnected, plugged, or capped.

All winterized items must be tagged or labeled with date of winterization and preferably the property preservation company that performs the winterization.

- Lawn Maintenance

Initial and reoccurring lawn services are provided based on the asset management requirements set by city/county/lender/investor/insurer/client. Services will usually be required one to two times per month.

- Janitorial/Sales clean

Many HUD homes that are left uncared for may need additional work done during janitorial/sales clean. The Kitchen and bathrooms must be cleaned according to sanitary standards and as required by lender/investor/insurer/client asset management guidelines. All other rooms must be free from debris and other items that are not permanently fixed to or a part of the sale of the property. Services usually include vacuuming, mopping, and scrubbing of all items in the home such as light fixtures and appliances that require cleaning.

- Pool Maintenance

Client awareness of pool condition must be made immediately. Then upon instruction and based on the pool’s condition, it must be drained, cleaned, and refilled as necessary. Chemical are added on a weekly basis along with other services that are necessary to maintain pool’s cleanliness.

- Snow Removal

Snow is typically removed based on the requirements set by lender/investor/insurer/client asset management guidelines.

- Photographs

Photographs of all services must be provided to lenders/investors/insurers/clients asset management guidelines. Many clients require before photos to be submitted prior to issuance of assignment. However, other lenders/investors/insurers/clients require all before and after service photos to be provide upon completion of assignment. Photos must indicate of the amount of service provided by field service property preservation company.

These are the typical services that are provided by a property preservation company for bank REO in the foreclosure process. As mentioned, there may be others based on requirements set by HUD and the lender/investor/insurer asset management guidelines.

You should now have a better understanding about what property preservation is and if your ready to begin a business in this field.

Robb Reel

Midwest Property Preservation

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