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City of Dayton, Ohio, Disclosure Law 1-22-07 Call Summary
Wednesday, 07 February 2007
A conference call was held between City of Dayton Housing Inspector John Carter, Investors, Servicers and Safeguard Properties Inc. to discuss the City of Dayton's new Disclosure Law, and how it relates to the Loan Servicing Industry. This new ordinance, effective January 1st 2007, states that all residential property transfers or sales within the city of Dayton will be required to include a "disclosure of open violation" notice.  The City Commission approved the Ordinance recently to ensure that code violations are resolved or acknowledged before a property changes hands.

Attendees: City of Dayton Housing Inspector John Carter; Fannie Mae P&P Manager Billy Clinton; Fannie Mae National Servicing Organization Manager Maurice Ferrell; ABN Loss Mitigation Analyst Zach Addison; NCM REO Supervisor Mike Ferguson.
Safeguard: Robert Klein, CEO; Steve Meyer, High Risk Manager; Michael Halpern, VM Special Projects; David Mazanek, High Risk Supervisor 

Call Summary:
John Carter opened the discussion by addressing questions from the Servicers. The first question was regarding which loan types the ordinance applies to. John indicated that properties transferring to REO are exempt, along with HUD and VA properties. REO properties transferring to private ownership will, however, require the disclosure form. John also indicated that the City could not find any information that would exclude FNMA or FHLMC from this requirement.

The next question raised was regarding the types of violations that qualify a property for the disclosure requirement. John indicated that only structural violations apply. Examples include roof damage, broken or missing windows, damaged or missing gutters/downspouts, and foundation issues. Maintenance violations such as exterior debris and overgrown lawns do not apply. John then pointed out that the City of Dayton has recently added a "violation search" feature on their website, in which users can search for outstanding violations using the property address. This information is to be updated by Building Department personnel every night in an effort to keep the information current. Safeguard has confirmed that this feature has been activated, and is being utilized to research open violation cases. John also indicated that maintenance violations are not included in this new feature on the City's website.

One of the main concerns of the servicers was the time it takes for the City to remove open violation cases when the work has already been completed. John Carter reiterated that the City's new feature on their website will be updated nightly, but did concede that clearing maintenance violation cases may take a little longer due to the volume of these issues that the City is handling.   

John closed the discussion by mentioning that, as of today, the disclosure notification form must be completed 3 days prior to closing. He and other Building Department Officials are looking in to the possibility of moving the deadline for completing the disclosure to the day of closing, and this (and any other modifications to the ordinance) will be identified on the main page of the City's website.