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Coping With Chicago's Foreclosure 'War Zones'

Chicago Foreclosures

First Posted: 03/02/11 09:49 AM ET Updated: 05/25/11 07:35 PM ET

Bryan Esenberg's job is to tend the graveyard of Chicago's housing boom.

Esenberg works for a local nonprofit that steps in to prevent abandoned buildings mired in the foreclosure process from falling apart while mortgage companies, lenders, owners and investors grapple over who is responsible.

Once, he was called in because the entire facade of an abandoned house had fallen onto the sidewalk, he said. In another case, a young family was stuck in a house with a basement full of raw sewage after the landlord had walked away.

In the first such case he handled, Esenberg said, a homeowner had just packed up and left after getting a foreclosure notice. "But then the bank never foreclosed," said Esenberg, who works with Neighborhood Housing Services of Chicago. "So three years down the line, there's just this house that's been completely abandoned."

As of last year, there were roughly 15,000 vacant buildings in Chicago, 85 percent of which were caught in some stage of the foreclosure process, according to city figures.

Cities around the country face similar battles with such foreclosure ghost towns, struggling to cope with a growing number of empty properties left in the wake of the foreclosure crisis. Mortgage lenders alone have anywhere from 1.3 million to 5.3 million properties on their books, the vast majority sitting vacant while lenders wait for the housing market to improve.

Through government-sponsored mortgage lenders, the U.S. taxpayer owned 360,000 foreclosed homes by the end of 2010, up 47 percent from the year before, according to the industry magazine Housing Wire. That number is likely to increase, with another 600,000 mortgages guaranteed by the Federal Housing Authority estimated to go into foreclosure, according to the macroeconomic research consulting firm Capital Economics.

Without even minor maintenance, vacant properties begin to deteriorate. They also often attract crime, even arson, spreading a blight through entire neighborhoods.

In response to the growing problem of vacant, neglected property, Ohio housing court judge Raymond Pianka has been fighting pitched battles against lenders and real estate companies over foreclosed homes. Pianka has pushed lenders like Wells Fargo and Deutsche Bank to fix up -- or pay to demolish -- the most derelict properties in their hands, and seeks to force lenders to answer for the decline in property prices faced by homeowners in neighborhoods with vacant properties.

The city government of Las Vegas has started buying foreclosed houses to sell or lease to residents in an attempt to address the problems caused by an estimated 60,000 vacant apartments and houses. In Chula Vista, Calif., the government has forced lenders to register vacant properties since 2009, and hands out fines of over $10,000 for building code violations.

In Chicago, as the housing market began to fall in 2006 and 2007, the number of vacant and derelict properties swelled from an estimated 60 to just under 300, according to Anthony Simpkins, the deputy commissioner for Chicago's Department of Housing and Economic Development.

Entire blocks have been abandoned. "Some of these neighborhoods look like war zones," Esenberg of Neighborhood Housing Services said.

Four years into the foreclosure crisis, Esenberg said, some of the houses he sees have lost so much value that even lenders have walked away, deciding that foreclosure proceedings would likely cost more than the possible resale value of the house. Those properties are then left in ownership limbo.

As most conventional mortgages won't cover the purchase of heavily damaged homes that need extensive renovation, the Neighborhood Housing Services program marks one of a few attempts nationally to save such houses. Sometimes, he said, they are forced to deal with abandonment cases stretching even further back than 2006.

Due to complaints and building code violations, the city demands that everyone associated with the building -- from the mortgage holder to the lender to MERS, the system banks used to register securitized mortgages -- figure out who's responsible for the building and see that they fix it.

When lenders can't, or won't, Illinois law allows local courts to appoint a receiver like Esenberg, usually representing a nonprofit, to protect or repair the house as necessary -- anything from boarding it up to cleaning out a basement full of sewage. Receivers in Chicago even paint the boards to create the illusion of a life in a building, however brief.

This program, in place before the foreclosure crisis, was originally conceived as part of a bigger drive to cut gang and drug activity and and force landlords to take care of run-down buildings. Funded by a $2 million federal grant, however, it can only process a small fraction of Chicago's vacant properties. In the last five years it's been running, 784 units have been boarded up or rehabilitated.

If he's lucky, Esenberg said, the houses he's charged with just have some mold or water damage, but many have more serious problems. In some cases, thieves have broken in and stripped whatever copper pipes and wiring they can find for sale to scrap metal dealers. "They steal $50 worth of copper, comes out to be $20,000 worth of damage," Esenberg said.

Three feet inside the front door of a house in the South Side neighborhood of Englewood, he said, the floor had been ripped up, creating a dogfighting pit. Someone had turned the backyard of the same house, and three others, into a makeshift dog racing track.

In one building that was locked up and looked empty, Esenberg found squatters. They had gotten in through an eight-inch gap between the building and the one next door, but that made it a challenge to get things out of the house. "They had garbage bags stacked to the ceiling in the kitchen, because they couldn't throw their garbage out," he said. "And there was no plumbing. That was a whole other problem. They had a bathtub full of feces."

Many of the more seriously-damaged vacant houses, some rendered nearly worthless by neglect and plunging property prices, were already in less desirable neighborhoods. But the problem isn't limited to lower-income areas, Esenberg said. In February, the city put him in charge of shoring up a mansion in the landmark middle-class neighborhood of Jackson Park Highlands after bricks from the neglected building started falling into a neighboring yard. "It looks like he got it when the market was hot, then realized it needed more work than he could handle." Esenberg said of the owner identified on the lease.

And the sewage-filled basement he referenced was found in the middle-class neighborhood of North Park. A young family of tenants had been living with the sewage for six months before Esenberg was called in, after the landlord "walked away from the investment like it was a bad stock," he said.

"The worst thing about that house was the owner and the lender were coming to court," said Esenberg. "And they knew about it."

It costs up to $2,000 to board up a house, and up to $7,000 to stop an abandoned property falling any further into dereliction, according to Esenberg. A building stripped of copper pipes can cost up to $20,000 to renovate, he said, but that's still cheaper than demolishing and rebuilding.

To pay for the repairs, he places a lien on the building that has to be paid off before any other claims on the property. If the lender or owner doesn't pay up, he can foreclose on the building again.

Many of the houses are losing value so quickly, however, that many lenders would rather hand over the deed than pay for the repairs. Those houses are fixed up to a livable standard and sold to vetted owner-occupiers or affordable home developers through Neighborhood Housing Services in an attempt to stop them falling back into the cycle of neglect.

It's a small solution to a growing crisis.

"This problem is not over by any stretch of the imagination," said Anthony Simpkins, the deputy housing commissioner. "We have several years where this will be a major strain on municipal resources."

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Bryan Esenberg's job is to tend the graveyard of Chicago's housing boom. Esenberg works for a local nonprofit that steps in to prevent abandoned buildings mired in the foreclosure process from fal...
Bryan Esenberg's job is to tend the graveyard of Chicago's housing boom. Esenberg works for a local nonprofit that steps in to prevent abandoned buildings mired in the foreclosure process from fal...
 
 
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10:48 AM on 03/04/2011
But wait, America is the land of opportunity. Where the streets are paved in gold and even the littlest of the Little Men can one day be Donald Trump with a lot of hard work and some street smarts. It's not about who you know, it's about how hard you hustle. This is the land of the middle class, the common man and the Dream. Like Walt Disney said, dreams do come true. This is the land of opportunity where one day everyone can have 2.5 kids, a McMansion in the 'burbs and an SUV.

Until "they" foreclose on your dreams.
05:32 AM on 03/04/2011
60,000 vacant homes in Las Vegas? Where did that source come from?

As for: "The city government of Las Vegas has started buying foreclosed houses to sell or lease to residents in an attempt to address the problems caused by an estimated 60,000 vacant apartments and houses."

That's a Garbage program -- waste of Taxpayer dollars.

We average over 5 written offers before one will get accepted for our buyers to purchase a foreclosed home in Las Vegas.

http://lasvegasrealestate4u.com/2010/03/03/las-vegas-home-buyers-competing-with-the-government/

There is no shortage of buyers in Las Vegas for Bank Owned Homes... and no shortage of "programs" funded by the taxpayer getting in the way for a true recovery.
08:44 PM on 03/03/2011
We have people who are homeless since the banks and owners of the properties aren't taking responsibility let's give the buildings to the people who need them and let them stay there and fix them up as best they can .
The wealthy Aristocratic class took from us we will take from them .
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Lorianne
ama vitam
04:00 PM on 03/03/2011
Foreclosures helping change color of some suburbs
Suburban fear: Who’s buying on the cheap?
http://www.washingtontimes.com/news/2011/feb/28/foreclosures-helping-change-color-of-some-suburbs/
10:08 AM on 03/03/2011
'Mortgage lenders alone have anywhere from 1.3 million to 5.3 million properties on their books, the vast majority sitting vacant while lenders wait for the housing market to improve."---What people fail to reralize is this is just the beginning of the implosion. The country is bankrupt. Printing more money doesn't create wealth. It creates more debt. The deindustrialization is almost complete. A "service economy" will not provide the wealth to purchase much of anything. The nation's wealth has been transfered to the financial oligarchs. We have been left with the debt. It's just an accounting function.
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HUFFPOST SUPER USER
Peter007
08:28 AM on 03/03/2011
The democrats in all the cities are corrupt. Their mantra has always been class warfare and to take as much as they could from the rich or the minority classes.

Now there is no more free lunch and they are left with an empty pot.

A society who's goal is profits and freedom will come out differently that a society who's core belief is about welfare and redistribution of wealth.

The cities problems are all local.
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atexasdem
Pointing out the foolishness of republican voters.
09:35 AM on 03/03/2011
This is neither a democrat or republican issue. This is an economic issue pure and simple.
Whether homes are abandoned because of job loses, a shrinking city's size or over extended loans doesn't make a difference. The problem is dealing with them.
Your correct in one way though. This is a local issue and must be addressed by local government. What will be interesting to me is how different local governments choose to handle this situation. One size does not fit all.
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bllnsinchnge
peace, markets, freedom
10:16 AM on 03/03/2011
I am a capitalist too, however, a blanket statement about democrats is naive.
The learning point is to question the role of government, not the individuals.
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yougg
just a citizen
07:51 AM on 03/03/2011
Sounds like Chicago is doing a Detroit. Here in Michigan they are talking about tearing down huge sections of Detroit and turning the land back into urban agriculture. Maybe urban homesteading would be viable for Chicago properties. This is so bad.
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Peter007
08:18 AM on 03/03/2011
Why don't they trust the market to determine the best use of the land?
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AggieReal
Nothing fails like prayer. Do something.
08:21 AM on 03/03/2011
What the market often creates is abandoned strip malls and ugly buildings left by chains and Walmart after they expand to new locations. Why do we trust the market with anything ?
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Silver Owl
08:37 AM on 03/03/2011
Its because of the market that the land is in dis-repair....
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atexasdem
Pointing out the foolishness of republican voters.
09:53 AM on 03/03/2011
I don't think it's so bad. It's one idea that may or may not work. This is exactly what we need to do. Come up with new ideas. Some will work and some won't. We've got to get out of the "We've always done it this way" thinking. " Urban homesteading"? The idea has merit and may be something to consider. Let's come up with some more "wild" ideas. That's the only way we'll get out of this situation.
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yougg
just a citizen
10:26 AM on 03/03/2011
Wish the arguements wouldn't get too idealogical over ideas. Did that make sense?
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bllnsinchnge
peace, markets, freedom
07:23 AM on 03/03/2011
$2 million dollar federal grant to rehab or repair abandoned homes. Does anyone notice the irony? The Feds created the housing bubble with cheap credit and poor lending standards. Now the FHA owns over 300,000 empty homes and has to pass grant funding to maintain them now that no one can afford them.

Do you want to know why there is no economy growth? The government took market capital to run a decade-long housing project experiment on your behalf.
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atexasdem
Pointing out the foolishness of republican voters.
09:54 AM on 03/03/2011
That's exactly why government shouldn't be in the mortgage business. That's not the role of government.
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Raymond Rees
10:00 AM on 03/03/2011
Neither is giving members of Congress free health care.
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Politixxx
Nurse, Mother, Wife, Friend...Politically Intune
06:46 AM on 03/03/2011
What's really sad is the banks rather see these houses sit empty than take the time to work with the families that occupied them.
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bllnsinchnge
peace, markets, freedom
07:25 AM on 03/03/2011
What's even more sad is the FHA, Fannie and Freddie and HUD still exist after all this waste.
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Politixxx
Nurse, Mother, Wife, Friend...Politically Intune
09:06 AM on 03/03/2011
Yeah because I guess bailing out the banks with tax payer money (my money) and saving all the Wall Street millionnaires was so much better... give me a break.

I want to help the innocent and helpless that loss their homes because they loss their jobs. I didnt have a choice, my tax dollars went to Wall Street and helps the rich and the banks that support the rich... Its our system, bottom line - some of us care about Main Street and some of us blame Main Street and only care about Wall Street.
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atexasdem
Pointing out the foolishness of republican voters.
10:34 AM on 03/03/2011
It's the perfect example of why government should not be in the mortgage business. That's not the role of government.
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Peter007
08:20 AM on 03/03/2011
People that have defaulted on their notes have the worst record of anyone in terms of meeting their monthly mortgage obligations.

I think any random person off the street would be a better risk for a bank.
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Politixxx
Nurse, Mother, Wife, Friend...Politically Intune
09:02 AM on 03/03/2011
Were not talking about the mid-1990's were talking about 2006 - 2010, a time where unemployment is 9+ (higher in some demographics), were talking about honest hard working people that lost their jobs and exhuasted their savings. Were there a few bad apples, probably, but no more than the Wall Street apples that got saved by the tax payers.

We cant stereotype every person who defaulted on their mortgage as a bad apple. Thats just wrong and its untrue.
09:29 AM on 03/03/2011
Really?

My husband (who was self-employed) and I (who worked for a church) paid our bills and mortgage in full and on time for over 25 years until his business failed and I was laid off from my job. Neither one of us are eligible for unemployment benefits.

I'm sure there are many out there like us who have never depended on the government and paid their taxes that are now in foreclosure due to circumstances beyond their control. I hope you never have to learn the hard way, like we did, that you can play by the rules and still end up broke.
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planetjeffy
On the other hand, you have different fingers.
05:30 AM on 03/03/2011
in some California cities
they have bulldozed entire blocks of homes
rather than maintaining and selling them
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bllnsinchnge
peace, markets, freedom
07:26 AM on 03/03/2011
no cash for clunkers?
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Lorianne
ama vitam
04:10 PM on 03/03/2011
They probably were not worth maintaining.
A lot of total c rap was built in the boom-boom years of housing.
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SitandStay
Lorenzo&BushH8ter
04:24 AM on 03/03/2011
Georgia: Years into it, just now ABOUT, MAYBE going to allow the state AG to get involved.
http://www.atlawblog.com/2011/03/ag-one-step-closer-to-getting-authority-in-residential-mortgage-fraud-cases/
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atexasdem
Pointing out the foolishness of republican voters.
01:45 AM on 03/03/2011
We can all agree that the problem is bad and getting worse. How each individual city deals with it us up to them and what works in one city may not be right for another. Every property has an owner of record. When a bank forecloses it then becomes the owner. If a city forecloses for back taxes they are the owner. Owners of properties are responsible for complying with local laws. To me the problem is local politicians are afraid to take on the banks. Every city has "eyesore" laws. They simply have to be enforced.
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lawgrace
Law & Grace, a social justice organization
02:39 AM on 03/03/2011
Atexasdem

The problems with vacant property are NOT that “simple.” I continue repeating what I’ve posted –and I’m encouraged to continue sharing this:

Reports on abandoned foreclosure properties overwhelmingly demonstrates why foreclosure examinations and probes should include the 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 court pleading . Even for non-judicial foreclosures, lawyers record property deeds as a result of purported foreclosures.

When foreclosed property deeds are fraudulent, future buyers encounter all sorts of problems –even for fixer-up blighted properties! Also, fabricated deeds enable lenders to file false mortgage insurance claims, and false IRS 1099-A's –and still leave communities with blight, rodents, and other unwanted outcomes.

Scores of families are homeless, in tents or on the streets WHO HAVE NEVER LOST OWNERSHIP of their homes! Also, because of FORECLOSURE DECEPTION, thousands of people become unlawfully assessed “DEFICIENCY JUDGMENTS” and incur garnishments for debts they actually don’t owe!

Aside from the above article from Yeebo, see: "The American Dream Interrupted -What happens when a bank begins to foreclose on a property, then changes its mind?" by Justin Sondel @ http://bit.ly/i5z3Py.

It’s NEITHER "SIMPLE", NOR FAIR to further victimize defrauded, homeless people while at the same time allowing those responsible for creating blight get away with it. http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
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atexasdem
Pointing out the foolishness of republican voters.
08:19 AM on 03/03/2011
Your absolutely right. Having owned many properties I don't understand how banks have managed to get away with things without proper documentation. How can a bank "foreclose" if they can't prove they hold a mortgage and a lien? Property laws and records are very precise about proper procedures and if they are not followed to the letter it can create issues way down the road. That's where a real estate lawyer comes into play. This is a specialized area of law so don't hire a general lawyer, I've made that mistake and gotten into a mess. The problem is when people are broke, hiring a lawyer is not an option. The banks know that too and use their staff lawyers to intimidate knowing they'll probably never be challenged. So the little guy gets s*****d once again.
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Peter007
08:22 AM on 03/03/2011
You can't beat a dead horse. A property can be well maintained and still be boarded up.
If the police don't enforce the local laws against juvenile delinquents, its not the banks fault.
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atexasdem
Pointing out the foolishness of republican voters.
09:31 AM on 03/03/2011
Don't blame "juvenile delinquents" for a property falling into neglect. It's entirely the owners responsibility. Whether it be owned by an individual or a bank it's still their responsibility. Empty and abandoned homes make a tempting target for thieves and vagrants. Empty and abandoned homes tend to detereate even without "help".
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Anne Mccormick
11:21 PM on 03/02/2011
if the banks tried this in Canada they'd be in huge trouble. the Government up there would come down on them hard.
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Politixxx
Nurse, Mother, Wife, Friend...Politically Intune
12:49 AM on 03/03/2011
Unfortunately in the United States the line between government and corporation is blurred. Even the government is confused on how to handle corporations i.e. Citizens United Supreme Court ruling. Welcome to America, the place where corporations control the government.
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SitandStay
Lorenzo&BushH8ter
04:26 AM on 03/03/2011
Blurred? How 'bout a total eclipse of the sun?
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Peter007
08:23 AM on 03/03/2011
Corporations don't vote.
If the citizens are too stupid to vote for the politician that represents them, then the citizens get the government they deserve.
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atexasdem
Pointing out the foolishness of republican voters.
10:11 AM on 03/03/2011
Canada has their own way of doing things. What bothers me most is in America if it's not "invented" here it's considered a bad idea. America doesn't hold a patent on good ideas.
Let's look at other nations and how they handle issues. Let's take some of those things that work and apply them to our problems. Let's take the best of the best and apply or modify them to our situation and values. An advantage of using others ideas is we get to see how they have worked before we decide to try them.
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Patriot86
Compassion is the basis of all morality.
10:48 PM on 03/02/2011
banks need to be forced to take care of any house they foreclose on...if BOA forecloses then they have to pay.
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bllnsinchnge
peace, markets, freedom
07:27 AM on 03/03/2011
they should have to pay property taxes as well.
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Peter007
08:25 AM on 03/03/2011
They do.
If the bank doesn't pay the taxes, the city takes over the property and sells it for the taxes due.
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ProgressivesWin
TeaParty? We don' need no steenkin' TeaParty
09:16 PM on 03/02/2011
It won't be long before many of the houses unfairly foreclosed upon are being torched by persons unknown to keep the bankers from extracting further value from them.

No one will be surprised. Or turned in, either, likely.
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hrpmap
Retired man still active..
09:21 PM on 03/02/2011
And the end result will be to the bankers favor. No expense to the bankers to clear the area the houses and make room for future development of their property. Out with the old and in with the new, the new that they will reap even more profits. 
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Anne Mccormick
11:19 PM on 03/02/2011
and leave the bankers with emptied land they can do what they want with