A property that’s been reviewed by the Warsaw Department of Code Enforcement a number of times over the years came up for more discussion before Hearing Officer Lawrence Clifford Monday afternoon.
This time Clifford reset a hearing for the property at 330 Ringneck Trail for Dec. 19 with the understanding that demolition of the property has been taken off the books because substantial repairs have been made to it.
If Jeff Woken, regional field service manager at Altisource, Columbus, Ohio, a remediation company working for the mortgage company, can get the remainder of the repairs completed before the December hearing date, Clifford said there would be no need for him to return.
Kyle Babcock, a former city councilman, had the home built over 10 years ago, but it went into foreclosure in 2009 after problems with window wells, leaking water and mold, according to a Sept. 16, 2014, Times-Union story. He and his family vacated the property in May 2009 due to the problems, and the property entered into litigation, a July 22, 2014, story stated. The property is still experiencing water and leaking issues.
Brian Tekulve, attorney with Doyle Legal Corp., also representing the mortgage company, was on hand.
Babcock attended Monday’s hearing, but sat in the audience gallery and not at Clifford’s table with Woken and Tekulve. He said he would testify if he was asked to by the city. Babcock said he was the only person listed on the property, but was there on he and his wife’s behalf.
At the July hearing, Woken was given a list of repairs that needed completed. On Monday, Woken estimated about 90 percent of the project was finished.
Warsaw Building Commissioner Ray Behling estimated that 80 percent was completed, but 90 percent is close. Woken said they’ve had vandalism to the property after work was done, and they also keep finding issues that need to be addressed. Behling said he and Woken met at the property and looked at everything, but there is work still to be done.
Tekulve told Clifford that in September a motion for summary judgment of foreclosure was filed, and Babcock requested an extension, which was granted until Dec. 17. To his knowledge, Tekulve said a court date has not been set yet. Babcock later said he has been interviewing legal counsel, and had invested about $30,000 into the property including the down payment and monthly mortgage payments until he and his family moved out.
“If they write a check to me, that would be one less person that they’re going to have to deal with because I will be vigorously defending this with my legal counsel. If this takes filing a summary judgment, going to trial, I will continue on with this, as long as it needs to be, to satisfy my interest on this, and they have the option of accepting the settlement at this point, and then it may be a little easier for you and them,” Babcock told Clifford.
Clifford asked Woken how long it would take to get the rest of the work on the property done, and Woken requested 60 days. Clifford modified his order to have the hearing reset for Dec. 17, with demolition taken off the books, and if Woken takes the steps agreed to, he won’t have to come back in two months.
The second property before Clifford Monday was a house at 519 N. Park Ave., owned by Faviola Duran, who did not appear at the hearing. Clifford said since repair costs exceed demolition costs, he ordered the property demolished as of Monday’s date.
The final property, 304 S. Detroit St., was taken off the agenda after it was sold to an individual who is working to get the property into compliance. That happened Friday, Code Officer Dana Hewitt reported.
