Do Code Enforcement liens appear on your credit file?

[shawnette]

Long story short, previous owner did some work without permits and I just received notice of a hearing for the violations.  If a lien is imposed, will it appear on my credit report?  I know that tax liens do, but I can't find any info on code enforcement liens.

TIA!!

shawnette

[Anonymous]

Any lien recorded as a result of a goverment initiated suit, is usually recorded in public records, therfore, yes it will be more than likely added to your CR.  However, if on your court date you can negotiate some type of agreement with the suing agency for payment or compromise on violations, you may be able to keep an actual judgement from being entered into public records. I would consult with a consumer attorney for their advise, seeing as you were not actually the person responsible for the modifications resulting in the violation. I am a general contractor, and have seen this happen to other homeowners in the past. What type of violations are they reporting???

[shawnette]

The carport was enclosed without a permit. 

[Anonymous]

Just make sure you go to the hearing-

This varies so much from state to state and area to area-

I remember a house about 10 years ago that we loved-

but the owner put in a huge workshop (part I loved) with no permit- we did not submit an offer.

These people are ussually not "out to get you"- They need to make sure the garage is safe and the work is to code,

[Anonymous]

Am I correct in understanding that this addition was completed, prior to you purchasing the home?? Was this addition disclosed and included in the appraisal documents, when you applied for the mortgage??? It would also have been included in the property boundry survey required by the bank for mortgage. Did this additional square footage show as living area on estimated tax value??

[shawnette]

---

gatoravi8tor1 wrote:

Am I correct in understanding that this addition was completed, prior to you purchasing the home?? Yes

Was this addition disclosed and included in the appraisal documents, when you applied for the mortgage??? Yes.  I bought the house at 1356sf. 

It would also have been included in the property boundry survey required by the bank for mortgage. Did this additional square footage show as living area on estimated tax value??  I'm 99.99% sure it did prior to this year. Now when I look at the Property Appraisers website, it shows less sq footage for the house since they took away the enclosed carport (250sf).

---

Nothing was ever mentioned about the work not being properly permitted.

Message Edited by shawnette on 04-16-2008 07:00 AM

[Jesedmotherof5]

yes, leins will apprear. Dont let it get to that. Go to the hearing, contact the city and see what you can do. You may have to tear it down. As a contractor we have had to take down LOTS of unpermitted stuff that homeowners did not know about.

[demi]

Hummmm....in a former life I was a planner, worked in a Planning and Building Department for 17 years...all of our actions were always on the property.  I guess if it went to court, the court could place something, but I don't believe we had any way of doing that.  It could be different from place to place.

[shawnette]

---

demi wrote:

Hummmm....in a former life I was a planner, worked in a Planning and Building Department for 17 years...all of our actions were always on the property.  I guess if it went to court, the court could place something, but I don't believe we had any way of doing that.  It could be different from place to place.

---

I don't think the notice I got was for an actual court hearing.  I think it's a meeting of some sort of commission where they decide what fines to impose. 

I definitely intend on appearing with my purchase documentation.  Notices were sent out, but they were all prior to the date I moved in (June 2005), so I'm assuming they were either returned or the previous owner got them.

(I know they were sent because they list the dates on the letter I received)

Message Edited by shawnette on 04-16-2008 10:22 AM

[demi]

Depending on where you live, it might be something like a Planning Commission (which probably would not have the legal ability to file a lien) or could be something more legisltative, like the City Council...ultimately anything can end up in court.

I would suggest you check with the Assessors office and see how they were appraising it before you bought it.  Even so, they still can probably require it being torn down or upgraded...but might give you the opportunity to go after the previous owner.  In California you are required to disclose anything like this in a Real Estate Transaction...I had a friend who bought a house that a load bearing wall had been removed (they didn't realize it, thought it was just designed that way), and along the way, the electrical wires were just stapled to the floor.  Well, a year or so after moving in, the wires arced, and they had a fire coming out of the floor...Managed to get it out, turn off the power - in the end 20,000 worth of work, and the guy who had done it was in the army in Guam..so they couldn't go after him...but in most cases you probably could.

Rambling....sorry