Lender Abandons Foreclosure Action, Leaving Unwitting Property Owner Holding The Bag On Code Enforcement Violations & Facing Criminal Charges

In Atlanta, Georgia, WGCL-TV reports:

• Marcus Kyzer could receive thousands of dollars in fines or even jail time for failing to maintain two rental properties in Southwest Atlanta. "I have no options at this point," said Kyzer. "The mortgage companies have written the debt off, but they don't want the properties on their books so they've written the debt off and left the titles in my name."

• Kyzer said he filed for bankruptcy a year ago and was under the impression that the homes on Baker Drive would go into foreclosure. However, when the homes didn't go into foreclosure, code enforcement slapped Kyzer with three arrest warrants for not keeping the properties maintained.

• "Why didn't you maintain the properties until foreclosure went through?" asked CBS Atlanta reporter Adam Murphy. "Because I didn't realize the properties hadn't been foreclosed on. I believed that had happened right after I got the discharge from my bankruptcy," said Kyzer.

• It's a common problem throughout the city. Fulton County Code Enforcement Director Tony Phillips said Kyzer's case happens to about one-third of all property owners trying to get rid of properties in unincorporated Fulton County. "Simply because you've received a letter or had conversations about a foreclosure, it doesn't actually mean the property has actually transferred ownership, and until it does you're still legally responsible for property maintenance and other code violations that could occur on that property," said Phillips. Kyzer will have to explain his case to a judge next week.

Source: Property Owner Faces Possible Jail Time (Marcus Kyzer Received Arrest Warrants For Properties He Thought Were Bank Owned).