Saturday, December 08, 2012

Homebuyers At Tax Foreclosure Sale Sue City Over Plans To Give Their Recently-Purchased Dilapidated Homes The Wrecking Ball Treatment; Say Some Properties Weren't Listed On Pre-Sale Demo List

In Jackson, Michigan, MLive reports:
  • A group of residents has decided to fight Jackson City Hall.

    The group filed a lawsuit against the city, hoping to halt demolition on homes the residents purchased at the Jackson County tax foreclosure auction Sept. 27. A pre-trial hearing has been set for June 28 before Circuit Court Judge Richard LaFlamme.

    As part of that lawsuit, the plaintiffs also filed a request or preliminary injunction in Jackson County Circuit Court Friday. They're asking a judge to issue an order to prevent the city from tearing down the six houses.

    “Because the city will not work with us we have felt forced to seek an injunction and take legal action in order to protect our investments and our futures,” said Monika Schwab, one of the plaintiffs.
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  • Other plaintiffs in the case include Troy and April Jordan, Branden Benson and Pam Fero. Schwab said she is hoping others in the same situation will join with the group.

    Jackson City Manager Pat Burtch said the city cannot move forward with the demolition on the homes until after the pre-hearing trial.

    Although these homes were purchased at the county tax foreclosure auction, they are located in the city of Jackson, and therefore governed by not only city housing codes but state building codes.
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  • Schwab bid on and won three lots with homes on them. She paid $100 for 1222 Maple Ave., $550 for 1045 S. Jackson St. and $400 for 111 Stanley St. [...] Two of the lots were already scheduled for demolition by the city before she bid on them in September. Auction-goers were warned that some of the parcels up for bid could be scheduled for demolition or have already been demolished.

    But, the home on Maple Avenue was added to the city’s demolition list the day before the auction and she had no idea. The same thing happened to Troy Jordan who is part of the group that filed the lawsuit.
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  • Troy and April Jordan have eight children. They bid on and won a lot with a home on it at 809 S. Blackstone Street. In September, Troy Jordan was thrilled that he was able to purchase his first home and looked forward to making necessary repairs and moving his family in.

    His home was also added to the city demolition list the night before the auction.

    Jordan was shocked when he heard the news because he checked the city list to make sure he wouldn’t be bidding on a house that was scheduled to be demolished. It wasn’t listed.

    After approaching the city for permits, Jordan was again shocked to find out how much the repairs would cost. His repair estimate came in at $76,543 and he was hoping to do some of the work himself, cutting down on the costs. “Because I’m not a contractor they won’t give me permits,” Jordan said.