Skip to main content
Foreclosure Defense FloridaGeneral Information

PERMANENTLY DAMAGED HOMES….The Banks, Property Inspections, Property Preservation, Winterization—A Massive Scheme of Unlicensed Contracting

online-sunshineWe all understand that the banks are holding back on homes and not selling them, but why is that?   Well there are many, many reasons, but one thing they all need to be thinking about (and I don’t believe many are right now) is the fact that many of the homes they are maintaining are being maintained in violation of serious consumer protection and public interest laws.

The State of Florida has one of the most serious and severe statutes that address a major problem of unlicensed contracting.   Florida has an all-expansive definition of contracting and provides serious civil and even criminal penalties for parties engaging in unlicensed contracting.   And keep in mind, you don’t have to touch a hammer to be engaged in unlicensed contracting….the mere offering to bid for the work is unlicensed contracting.

Have a read at how this is defined in statute:

” Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure.

Florida Contracting Statute

And read here for the full description of penalties for unlicensed contracting.

And so here in this extraordinarily ethically challenged state, I wonder how it is that the banks and all their agents are engaging in a statewide property preservation scheme and are performing work that clearly violates these important laws with impunity?   Oh right, circling back to that statement, extraordinarily ethically challenged state.….(That means the corporations that own our elected officials get away with what

But if the State will not step up and enforce these laws, if Florida’s Attorney General will not fulfill her obligation to protect consumers, perhaps we must rely upon private attorneys general to do the important work of protecting the public from the harm done by out of control banks and the thugs working under them.   (Incidentally, I first got turned onto this whole issue after I was contacted by the several licensed contractors who used to do this work for the banks but who got cut out of the work when the banks decided to start using cheaper, unlicensed contractors, cutting them out of hundreds of millions of dollars worth of work.)

I’m fighting not just to protect consumers, but to protect the interests of the good and responsible licensed professionals who are following the law and supporting good workers in their communities.

But here’s the real kick about this whole deal…what happens when the banks finally conclude their tens of thousands of foreclosure cases and are ready to now sell those properties to unwitting third party purchasers?   What about the months and months and years of unlicensed, unregulated, improper and illegal contracting work that has been done on those hundreds of thousands of properties?

What about all the mold they just covered up with

Hummm?

I’ve seen a few listing and sale agreements between the banks and, unfortunately, the paper isn’t long enough to list all the undisclosed defects.

SELLING PROPERTY WITH KNOWN DEFECTS MAKES THE PROPERTY WITH THOSE KNOWN DEFECTS UNMARKETABLE AND UNSELLABLE AT ANY PRICE

Oh, and here’s another very disturbing part of this whole widespread, blatant, wasteful and dangerous part of this whole ongoing scheme being perpetrated against the citizens of this state…..

EVEN THE INSPECTIONS OF THE PROPERTIES ARE VIOLATIONS OF STATE LAW!

That’s right folks, all these banks that are out sending thugs onto property to “inspect” are likewise violating additional consumer protection statutes……that ratchets up the claims for damages under a whole series of consumer protection statutes……here it goes:

(4)    “Home inspection services” means a limited visual examination of one or more of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home.

Chapter 468

and the penalties here

(2)    Any person who is found to be in violation of any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

THERE IS JUST NO END TO THE DAMAGE THE BANKS AND THEIR WILLFUL VIOLATION OF EVERY LAW EVER IN EXISTENCE HAVE CAUSED TO THIS NATION

6 Comments

  • John Anderson says:

    There are two Golden Rules.

    1 Do unto others, as you would have them do unto you.

    2 Those with the gold make the rules.

    Which of these rules do our elected representatives follow?

  • speakout says:

    Here is another violation. What about the foreclosure mill attorney’s that are assuming the borrower has allowed them to represent them in court to foreclose? If, as a flesh and blood American national, you DO NOT CONSENT to the action, they can not proceed. Court is a private corporation, along with the states and banks. So, if the homeowner “does not consent”, how can the court proceed? This is unlicensed contracting too! The courts are profiting, without commpensation to the homeowner.

  • Sean Heil says:

    Hello Mr. Weidner,

    I’ve found your article on the scheme of unlicensed contractors performing work for bank owned properties. I too have some serious concerns with this subject. I do business in Michigan. As in Florida, we have strict contractor licensing requirements. With such slim pickings in the industry these days, all foreclosure work going to illegally operating contractors is completely inexcusable. How brazen to do all of this work permit free. Work permit requirements are the main safeguard to ensure that local regulations are upheld. How do local building departments not realize that hundreds or even thousands of foreclosed properties are being worked on in their jurisdiction permit free? I suppose that I wouldn’t be so concerned if these contractors were doing work for the poor, but of all people to get a break… the banks? I am now beginning my own research and effort to stop these practices. If there is any way that I may be of assistance to your quest, please feel free to contact me.

    Thank you,

    Sean Heil

  • out of curiosity, do you have any evidence that the work being performed on these properties require permits AND is being done without those permits?

    I am 6 months in to this type of work and I made sure to get all the required occupational/business license to do the things listed on my webpage.

    There are several times when a broker or asset manager would ask me to submit bids for performing certain types of work, like patching holes in walls, covering a leaky roof with a tarp, replacing broken sections of fencing.

    These are all safety hazards that are in need of immediate repair. I don’t think that someone needs to be a general contractor in order to put up a section of fence or board up a broken window.

    I could be mistaken, but from my research, this is handyman type of work and that is what I have seen so far. Sure you have homes with serious mold problems. That’s about the only example you gave. I was asked to deal with a mold issue, and I turned it down because #1 to properly deal with mold, you have to identify the source, and that means fixing a roof, a wall, a floor, etc..

    I do replace outlet covers, cap broken plumbing, caps exposed wires, replace broken glass or board up, fix gutters and soffits, patch drywall and seal cracks.

    I hope you are not telling me that I need a permit to change locks, cut grass, trim tree branches and shrubs, or replace torn screen on a porch.

    These are all things that homeowners can do permit free. This is preservation work, not building additions or installing kitchens, or repairing roofs.

    From what I have seen, work that requires permits goes to general contractors or to specialty contractors. The preservation is just the initial stages of getting a house back on the market.

    I guess there probably is some shoddy work going on, and people are probably taking advantage. That’s the RE market for ya. But if I had evidence of my competitors working without license and general liability insurance, or bidding contract work that requires permitting, I’d take it code enforcement.

  • Randy says:

    I am a General Contractor in Ca. What happens out here is the property preservation company will have you bid and then give your bid to some unlicensed idiot to do the work. They will beat your bid every time. They want you to front thousands of dollars out of pocket and make you wait 45 days to pay if at all. I went to one property where the floor furnace was removed and a wall installed. They tore out the hard wood floor and replaced it with OSB board. The B- vent was wrapped with reflectix. So what might happen when you fire up the heater? The walls were plaster and they patched it with dry wall and it looked really bad. The list goes on and on. All materials came to $3000.00 they were only paying $3500.00 for the whole job. I refused the job and called the code enforcement. Vultures preying on contractors to do all the bidding and then give the work to unlicensed crews. If I would have taken the job all the illegal work would have fallen on me….

  • john says:

    Can any one help me find a house in pace fl. My credit is not the best but I guess we can thank the federal government and the banks for that due to or allowing house prices to soar to ungodly levels as the interest rates. I guess just one more way for the gov to keep the poor well poor and the middle class invisible complete contro. I guess we are suppose to rely on gov to live. Sorry about the rant but I had perfect credit before this fool got in office.

Leave a Reply