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Boise renters increasingly caught in foreclosure crisis

Tenants don't realize how a trustee sale, which settles a homeowner's debt to a bank, will affect them - until they receive an eviction notice.

BY BRAD TALBUTT - btalbutt@idahostatesman.com

Published: 02/02/09


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ADDITIONAL INFORMATION

HOW THE HOUSING AUTHORITY WILL HELP

The Boise City/Ada County Housing Authority, which helps poor, elderly and disabled people pay for housing, is preparing a plan to buy foreclosed properties using federal neighborhood stabilization money. The authority will rehabilitate the properties when needed. It will use some of the money to help eligible homebuyers with down payments or closing costs.

"The biggest block of adjustable-rate mortgages is due to reset this year, so there is a tidal wave waiting out there," said Ben Duke, development manager for the authority.

Under the Housing and Economic Recovery Act of 2008, the federal government awarded Idaho communities $19.6 million to help neighborhoods address the consequences of foreclosed and abandoned houses.

About half the money will go to Ada and Canyon counties, which have the biggest foreclosure problems in the state. Canyon County will get $6.7 million and Ada County $3.9 million.

The housing authority expects about $1.8 million, which isn't going to make much of a dent in the inventory of foreclosed homes. "We'll be able to buy about 10 of the 700 affected properties in Boise," said Jim Birdsall, Boise's housing and community services manager. "We can sell them and roll the money over to buy more, but it will take three or four years to make much difference."

The problem strains the housing authority, Executive Director Deanna Watson said.

"We've gotten calls from five tenants in the last 10 days who say they've been told they will have to leave because the house has been foreclosed," she said. "Then we have to backtrack, too, because we may have been paying federal money to people who are no longer the rightful owners."

Brad Talbutt

To sell foreclosed properties, bankers are evicting people from their homes. But it isn't always a homeowner who is forced onto the street.

When a landlord defaults on a property, his tenants can lose their homes even if the rent is paid in full and on time.

Banks don't like operating as landlords. They generally evict tenants to prepare a property for sale.

The practice is growing in Boise and is likely to get worse, housing officials and property managers say.

Wendra Klink was recently forced from the home she has shared with her cats for 11 years. Wells Fargo acquired the small duplex on North 33rd Street after foreclosing last fall.

Klink's walls are covered with art, and teddy bears occupy many of her chairs.

Because of a disability - her right arm is paralyzed, and a brace supports her right leg - she hasn't been able to work since losing her job at an animal care clinic. She has lived on Social Security checks for the past two years.

In early October, Klink was served with eviction papers.

"I packed my boxes, but I didn't have anywhere to go," she said. "I was just in limbo."

On the advice of a friend in the sheriff's office, Klink contacted Idaho Legal Aid Services.

Like Klink, most renters don't look for help until they've already gotten an eviction notice, said Idaho Legal Aid attorney Ritchie Eppink.

Idaho Legal Aid is a nonprofit law firm that provides services for people with incomes below 125 percent of federal poverty level. It is getting calls from renters who received eviction notices from mortgage lenders.

A notice of trustee sale must be delivered to the occupants of a home or posted on the door three times before the sale, but many renters don't understand how the sales will affect them, since they don't own the home.

"We have been getting a dozen or more calls a month since fall, but that's probably a small fraction of the people who are affected," Eppink said. "Many renters ignore the notice of trustee sale, not understanding their significance or assuming they will simply have a new landlord."

Trustee sales settle the debt owed to the bank. They used to be called sheriff's sales because they were commonly carried out by the county on the courthouse steps.

Along with the Boise City and Ada County Housing Authority, Eppink tried to persuade Wells Fargo to allow Klink to stay in her home. Since she lives on a block of similar rental housing, her duplex is likely to be purchased by a new landlord anyway, Eppink said.

"We really haven't gotten anywhere with them," Eppink said. "The bank which owns the building has no interest in, and in fact has a policy against assuming any responsibilities of a landlord, and they will fight tooth and nail before having to fix anything or take on those responsibilities."

The bank says it looks at each case individually when deciding how to handle foreclosed properties.

Wells Fargo does not have a summary eviction policy, said Amy McDevitt, a vice president.

"When we must start eviction proceedings to market the property, we make every effort to work with the current tenants and provide them adequate notice to make other housing arrangements," she said in a statement. "When the case warrants, we provide tenants with financial assistance if they vacate voluntarily."

Dawn Justice, president and chief executive officer of the Idaho Bankers Association, said the last thing banks want to do is evict a paying tenant, but every situation is unique.

She said people are less likely to be evicted from four-plexes and apartment buildings because they generate enough revenue for property maintenance. "Rental properties also have more value with tenants already in them," she said.

But tenants in single-family homes are more likely to be removed because selling those properties is easier if they are empty, she said.

Property management companies have a front-row seat to view the problem, since they work with both tenants and owners.

Tony Drost, owner of First Rate Property Management, says he saw the evictions coming and prepared to handle foreclosure issues more than a year ago.

"Members of the National Association of Property Managers from other parts of the country told me they were being hit hard by foreclosures back in 2007," he said. In some cities, foreclosures have cleared whole neighborhoods.

Drost has more than 800 properties under management, and before September had only had one home fall into foreclosure in more than 16 years. "Since September, I've had about 20," he said.

Jason Woodward has lost even more. "Last year, we had 26 properties go into foreclosure and become bank-owned," said Woodward, owner of Boise Property Management Group LLC. "That's a huge number for us."

In Woodward's experience, once a bank takes possession, the tenants are always evicted.

"We try to get them into new homes before that happens," he said.

Last week, Wendra Klink gave up her fight to remain in her home.

Faced with repair bills for a broken baseboard heater and a water heater that went out last week, Klink chose to move rather than risk making the repairs and be forced out anyway. With the help of the housing authority, she found a new apartment in her neighborhood.

"It is frustrating," she said. "I've lived here for so long, and my grandma worked for Wells Fargo for 30 years. I'd like to change banks."

Brad Talbutt: 672-6737

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