Clark County


 The Chirper and the New Clark County Code; Abatement of Public Nuisance

Effective June 1, 2010 Clark County Code was modified to address Nuisance and Abatement of problem Chirper[i] homes. This will affect you if you are working with short sales or REOs that are in serious disrepair upon your taking the listing.  Dave Pollex, Supervisor County Code Enforcement, 702 455 4509 explains that the key is communication.  The County is not getting timely and proper responses to the notices of violations, so the Code 11.06.070 attached here as a PDF was modified.  The cite for the code is here but it is not up to date yet.  The codes allows instant civil penalties up to $1,000 per day levied against the property.  A fine levied in this manner is similar to a tax and does not get removed in the event of foreclosure. 

Post Your Information.  When you take an REO listing the County suggests that you immediate place inside a window that can be seen from the street a sheet of paper [attached notice] that indicates you are the listing agent and your contact information.  It should be readable from the sidewalk if at all possible.

Notices.  Likely before fines are levied the County will contact you and demand that certain repairs are made.  This is why you want the contact information provided timely.  The County reports that they will first work with the salesperson on a time frame to get the items completed before they issue a citation.  Communication is important.  If, for example, your lender is very slow to approve repairs the County should be made aware of this.  The County can then make note of pending action on your part and even inform neighbors if further complaints are received.  Notices levied against property will have the direct contact information on the Notice for the assigned enforcement agent and describe the appeal process.

Priority Lien.  The fines that Clark County Code 11.06.07 can produce are Priority Tax Liens.  That means if they are present prior to a foreclosure, they do not get whipped away, rather they stay recorded against the property and will need to be paid.  It is important to look for these on preliminary title reports if you take an REO that was a Chirper for long time.


[i] “Chirper.” (c̸hʉrp -ûr) Noun. Slang. Described vacant home that chirps from within due to the home’s smoke detectors warning they need new batteries.  The larger the house, the more the smoke detectors.  If you get up to 3,000 square feet a melody can result, chirp ….ch chirp, chirp chirp from inside as the various detectors chirp.

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The All Inclusive & Belt Way disclosures have been updated.

What is the All Inclusive?  The All Inclusive  attempts to address current issues that have not been addressed within the Seller’s Real Property Disclosure Statement  and/or to expand on these issues.  It is designed to aid the sales executive and the client in keeping up with new disclosure issues and to expand on other currently known issues.  Your broker at Prudential, Americana Group, REALTORS® aims to keep this form up to date and only as lengthy as necessary.  Its history starts with the Mold form of 1999, when the first mold law suit was filed in Las Vegas.  Soon after more disclosures were created to address issues like ‘pests,’ or ‘scorpions’ (also the result of law suits). 

The Beltway form is now in the All Inclusive

In another space saving measure Americana Group joined the Belt Way form with the All Inclusive.  This joined form no longer contains a map.  Mapping each current road construction project in the Las Vegas Valley became too confusing, so the names of agencies in charge of the construction, their phone numbers and web pages were put in the map’s place on the All Inclusive.  This allows a Buyer a more informed opportunity to  investigate their individual areas of concern, from, for example, the Boulder City Bypass to the North Fifth Street Construction by the North Las Vegas Public Works.

The All Inclusive does not replace the SRPD. 

The All Inclusive discloses new potential issues and expands on those already affecting transactions.  The SRPD is always changing, so too does the All Inclusive.  For example mold used to not be mentioned in the SRPD, but it is now #7 page 2, “Any previous or current fungus or mold?”  But, for example, another issue, “NRS 40 Construction Defect Litigation,” is mentioned but does not go far enough.  It does not, for example, ask if a seller has ‘opted out of a construction defect law suit.’  Whether a Seller has opted out of such a suit, can be of great importance to a Buyer.  Therefore, in the All Inclusive, the question is asked, have you “opted out” of NRS 40 litigation?   Thus expanding on the issue.  Most recently Chinese Drywall is a topic.  What in the world?  Yes, drywall.  Americana Group does not want any of its clients or sales executives dragged into a time wasting case, so it researched this drywall issue and placed on the All Inclusive what is currently known and where a Buyer can get more information.  Topics like this are the perfect subject matter of the All Inclusive. 

All Inclusive & SRPD Repetitions Removed.

The All Inclusive removed areas that were repeated in the SRPD.  For example, since Mold and Pest Infestation are now mentioned in the SRPD, the All Inclusive merely informs a Buyer where they can get more information and advises them to rely on expert inspections if there is a concern.   The “NRS 40 Construction Defect” disclosure was simplified to merely address issues such as “Opt Out” not mentioned in the SRPD.

Signatures

The All Inclusive is designed to be signed by a Buyer even when a Seller will not sign.  Sounds backwards right?  But it is not.  The Seller may not be the best person to even answer a question about a property.  They may not have ever lived there.  The All Inclusive attempts to ‘inform’ the Buyer of ‘areas of concern.’  And remember the SRPD is mandated by NRS 113, the All Inclusive is not.  The All Inclusive then, when not signed by a Seller, becomes a general informative disclosure of new subjects such as Chinese Drwall and gives general information on Mold and Pests.

Property Tax Alert Clark County

Property Tax Amount and Lowering Property Taxes

I have received calls on how real property taxes may be affected by the current economic market in Clark County.

How Is Tax Determined?

Real Property taxes in Clark County are based upon a formula, not the sales price.  To calculate the real property tax you multiply value times .35 times tax rate.  (VALUE x .35 x RATE).  Example:  $1,000,000 x .35 = $350,000 assessed value.  To calculate the tax, multiply the assessed value ($350,000) by the tax rate (.035): $350,000 x .035 = $12,250.

How Is Value Determined?:

The value is generated by the Clark County Assessors  office. 

When is Value Determined?:

Notice of value was sent by mail to property owners on December 1, 2009.

How Do You Appeal Value (Lower your Taxes):

Owners have between December 15 to January 15, 2010 to file an appeal.  Owner can telephone and speak to the Assessor to request an appeal form OR go to 500 S Grand Centennial Parkway 2nd Floor Las Vegas, Nevada to get an appeal form.  Beware of Scam:  Be aware there is no such thing as a “Property Tax Review Board.”  The Board claims that it can lower property taxes for property owners.  Questions regarding this matter can also be addressed by contacting the Nevada Attorney General’s Bureau of Consumer Protection at (775) 684-1169. 

Deadline:

Appeals must be filed within these 30 days, December 15, 2009 to January 15, 2010.  

More Questions:

Questions regarding a tax amount for a specific property should contact the Treasurer’s Office 702-455-3882.

del-mar-sunsetCan a Tenant record a document with the County Recorder so that they are notified if the rental enters foreclosure?  The statute states, any person who has or claims any right in, the property described in the deed of trust can record a Request for notice of default.  Does a Tenant any have a ‘right’ in the property?  They hold a lease hold interest, so it appears that is a ‘right.’

 What would this form look like?  Probably something like this Request For Notice Of Default. The information of the date the deed of trust and the book and page it was recorded in is required.  This is not easy information to find for the average citizen.  It can be located at the Clark County Recorder Search Page but you must know the title holders name, which can be found at the Clark County Assessor’s Search Page

This is not a normal process; most requests for defaults are from other secured lenders.  But we are in a new era.

REMEMBER if you ever wanted to simply know if a home is in default you can search the Clark County Recorder Search Page under the borrower’s last and first name (use Clark County Assessor’s Search Page if you don’t know) and you can find if a Notice of Default has been recorded.

THIS IS NOT THE SALE OF REAL PROPERTY,

 it is the sale of the Assessment levied against the Real Property.

 This Thursday May 29, 2008, at 11:00 a.m.

The sale will be held at the Clark County Government Center, Commission Chambers (500 S. Grand Central Parkway, Las Vegas, Nevada, 89106).

 Certificate Sale Listing of parcels  http://www.amgnv.com/viewdoc.asp?cat=13&id=75

 From Laura B. Fitzpatrick, Clark County Treasurer, Special Assessment – Frequently Asked Questions Lien Certificates, Revised:  11/04/05 Subject to change without notice

http://trweb.co.clark.nv.us/county/treas/sa_faq.htm

 What is a lien certificate?

A lien certificate is a Certificate of Sale note issued on a property that is sold for non payment of a special assessment.

How often does Clark County conduct sales on delinquent special assessments?

Clark County conducts sales on delinquent assessment parcels three (3) times a year. They are held the last weeks of January, May, and September.

How do you determine the amount of the Certificate of Sale note?

The note is sold for the principal amount of a delinquent assessment plus accrued interest, penalties and costs.  At the option of the County some notes may be sold for the delinquent installment amount plus accrued interest, penalties, and costs.

If I purchase a Certificate of Sale note, do I own the property?

No. You own a note on the property, for a specified redemption period, and earn interest for each month the note remains outstanding. At the end of the redemption period you may request the deed to the property. The buyer has no legal claim or obligations during the redemption period.

How do I obtain the deed to the property once I have purchased a Certificate of Sale?

Notice of the purchasers intention to request a deed to the property must be given to the property owner no earlier than 60 days prior to the end of the redemption period (120 days for vacant land, 2 years for improved property).  The property owner then has 60 days in which to redeem the property.

What if I purchase a Certificate that sells the installment only?

It is the buyers responsibility to keep check on what the next installment is due, because we will sell that delinquent installment as well if payment is not received.

Who can redeem the Certificate of Sale note?

The property owner and other major lien holders (i.e. mortgage company) may redeem the certificate of sale at any time during the redemption period. Payment must be in the form of cash, cashiers check, or money order.

Is the Certificate of Sale a public document?

The Certificate of Sale note is recorded with the Clark County Recorder’s office. The original note will be mailed to the buyer after it is recorded, by the Clark County Recorder.

Where are the sales held?

The Clark County Commission Chambers at the Government Center, 500 S. Grand Central Parkway, Las Vegas, Nevada.

Do I have to be present to purchase a lien or may I do it by mail?

Lien certificates are sold at public sale and you must be present. Should the note holder on a specific property be held by Clark County we are allowed to sell it “over the counter”.

How do I find out what parcels are available for the sale?

The available parcels will be posted to the Clark County Treasurer website, http://trweb.co.clark.nv.us/county/treas/sa_sale.htm at the beginning of the sale month. They will also be published in the Las Vegas Review Journal, one time each week, for the three consecutive weeks prior to the sale date. It should be noted that property owners, or their mortgage company, may bring the parcel current up to the day of the sale. On the sale date they may pay the assessment off before the time of the sale.

How do I purchase a Certificate of Sale note?

All interested parties must register to receive a bidder number. A random number computer program will select the winning bidder. A first and second alternate will also be selected for the parcel from the number selection. The sale will then continue with all bidders eligible for each parcel on the sale list.

What do I need to register to bid?

You must fill out the registration form presented to you and show a valid picture identification (driver’s license) with your current address.  The name on the bidder card is the name in which the certificate of sale will be recorded.  The winning bidder’s name must appear on the certificate although other names may be added. Registration takes place on the day of the sale, in front of the commission chambers.

Do I need to be present to register or may a friend register for me?

You must be present to register. We will not allow a friend or family member to register for you.

What happens if there are back taxes?

The buyer is not required to pay any delinquent property taxes at the time of the sale. Should the buyer wish to protect their interest in the property, they may pay the delinquent tax and have the amount added to the Certificate of Sale. Delinquent taxes must be paid before a deed will be issued on the property.

Will the County assist if a foreclosure is necessary?

No, the County does not assist with foreclosure proceedings.

If I win the purchase of a Certificate of Sale how long do I have to pay the purchase price?

Payment must be received by 10:00 a.m. the day following the sale. Payment must be in the form of cash, cashiers check, or money order made payable to the Clark County Treasurer.

What happens to the parcels that do not sell, or for which payment is not received, by the following day?

The buyer has until 10:00 a.m. the day following the sale to make payment on their purchase.. Parcels that have not been paid for will be offered to the first alternate at 10:01 a.m.. Payment must be made by 2:00 p.m. on that date. At 2:01 p.m., if the parcel has not been paid, the second alternate is called. Payment must be made by 5:00 p.m. that day. If the property has not been paid for or there is no interest in the property the Certificate of Sale will be issued in the name of Clark County. Clark County may then sell the note, over the counter, to any interested party for the sale amount plus 1% interest for each month that Clark County holds the note to the property.

What happens if I do not pay for a parcel after accepting the option?

If you accept an option on a parcel we consider that you have entered into a contract to pay for that parcel. We are currently discussing, with the District Attorney’s office, our options for failure to honor that contract.

Where do I find out information on other liens that may be on the parcels?

We advise you to research the Clark County Assessor and Clark County Recorder records for information on the properties. Your research should be completed prior to the sale date.

What is the length of the redemption period I must hold the note?

The redemption period for vacant land is 120 days and for improved property the redemption period is 2 years.

What is the interest rate I will earn on the note?

The interest rate is 1% per month (12% per annum) for each month the note remains outstanding.

What type of deed will I receive at the end of the redemption period?

Clark County will issue you an absolute deed, upon your request, at the end of the redemption period. Refer to Nevada Revised Statutes 361.585 and 361.590 for information on an absolute deed.

What happens if the property owner files bankruptcy?

Clark County makes every attempt not to sell a bankruptcy parcel. We recommend that you contact your attorney for any recourse you would have should the the property owner file bankruptcy after you have purchased the note.

Will there be additional costs to the buyer?

There are costs associated with the notification procedures to request the deed to the property. However, the County cannot determine what, if any, additional costs the buyer may incur. Reasonable costs may be added to the note (i.e. publication, process server, etc.), prior to the date of redemption, and will earn 1% interest from that date forward. It is the buyer’s responsibility to provide the Treasurer’s office with receipts of the costs.

Laura B. Fitzpatrick, Clark County Treasurer, Special Assessment – Frequently Asked Questions Lien Certificates, Revised:  11/04/05 Subject to change without notice