Boomer’s Blog

As the number of foreclosed homes continues to skyrocket in many real estate markets, an increasing number of pets are being abandoned by families who are forced to vacate their homes and rental properties. Since the mortgage meltdown began, animal shelters in areas with high instances of distressed properties have been reporting over-crowding, and neighbors complaining about an influx of stray animals roaming streets and alleyways.

Although abandoning animals is illegal, people leaving distressed properties, such as those in foreclosure, often move to locations that don’t allow pets or they find their finances are too strained to continue caring for their pets. Whatever the reason for abandonment, pets often are the helpless victims of their owners’ bad decisions, and the law offers them few meaningful protections.

Where Helping Hands Are Tied
Currently, bank employees, property inspectors and others who enter abandoned homes usually are advised to leave property, including pets, untouched until the foreclosure is complete either for legal reasons, or because because the real estate owned (REO) lenders don’t want responsibility for the animals.

In most states, pets are defined as personal property under the law. Often with foreclosure, property remaining after the home is vacated by distressed homeowners is subject to seizure by the lender. In some states, the law fails to provide for personal property forfeiture until a designated time has elapsed in accordance with the terms of the foreclosure. So, under prevailing laws in many states, REO lenders and others are prevented from removing the pets, even if they would like to help. This is where animals can really fall through the cracks.

Abandoned Homes and Neglected Responsibilities
When people such as property inspectors, REO lender representatives, real estate agents and brokers are allowed to enter an abandoned house, they often encounter the rubble of deliberate destruction. Widespread instances of abandonment-related animal abuse and animal neglect have garnered a great deal of media attention.

The problem is so bad, that even Business Week reports that increasing number of these folks are discovering dogs tied up backyards, cats and turtles in garages, and rabbits and lizards left in children’s bedrooms. Many cruel and unscrupulous homeowners have left forsaken dogs and cats behind inside their homes, who have created unmeasured property damages in the process of their truly horrific demise.

California Lawmakers Tackle the Problem
A new law under consideration in California seeks to make it easier for these pets to get the help they need. It also may effect real estate investors who buy properties where pets have been left behind. The bill, A.B. 2949, as it is currently written, would require anyone who encounters an abandoned animal in a property that has been vacated through lease termination or property foreclosure, to immediately contact animal control officials.

The bill recently made its way through the California House unopposed, and it currently is mid-way through the Senate’s deliberation process. Although the bill has a few more legislative hurdles to clear before it becomes law, it raises some issues that many of us in the REI community might like to address in our business practices.

REO Expert Makes a Difference
Last month, Default Servicing News wrote a great story about Integrated Mortgage Solutions President Cheryl Lang, who has been so touched by the effects of pet neglect and abandonment she’s seen working in the mortgage industry, that she’s launched a non-profit Internet forum she hopes will affect change in how the system handles abandoned pets.

No Paws Left Behind is Lang’s Web site that allows pet owners facing foreclosure in different jurisdictions to log on, type in a zip code, and find the nearest animal shelters in the area. It also provides resources for real estate professionals who encounter abandoned pets in the course of their daily business.

Lang’s efforts began with a dog that was abandoned in a Florida pre-foreclosure her group was servicing. Since there was no animal control in the rural area where she was working, Lang contacted the police. They called the Miami Humane Society, who couldn’t reach the area for five days. Lang and her staff spent the week feeding the dog and making sure he had fresh water. In the meantime, she reports that authorities visited the property several times only to post code violations because the dog had been abandoned.

Look for the Signs
Lang advises real estate professionals to be vigilant for signs of abandoned pets when dealing with distressed properties that have been vacated. Listen for animal sounds coming from the house. Even though you may not be permitted to enter, you can contact the appropriate authorities, including the Humane Society, Animal Control or the police.

Traditionally, unless the animal shows immediate signs of distress, local authorities will post notes on the door to notify the pet owner that he or she is legally bound to care for the pet. Eventually, local authorities will move the pet to a new home or shelter. Because this process too often doesn’t work, Lang’s No Paws Left Behind Web site contains a petition geared to change the legal process from the Federal level to protect the pets.

Do the Right Thing
More distressed homeowners and occupants in transition likely would surrender their pets to animal welfare agencies that rescue pets, if they only knew where to turn. By identifying potential problems before pets are abandoned on your properties, you’re not only protecting your assets, in many instances, you may be saving a life.

Although real estate investors are generally not required by law to take any action to help abandoned pets, many of us want to help when we can because we believe it is the right thing to do. Here are some steps you can take as a real estate investor that may help you to avoid the problems and heartache you’re likely to encounter if you discover abandoned pets on your property:

Seven Ways REI Professionals Can Help Save Pet from Abandonment

1. If you you’re working with distressed homeowners or dealing moving tenants out of a property, ask if they have made plans for their pets.
2. Identify animal welfare organizations and animal control contacts in your area, and keep the contact information on hand.
3. If you know that the occupants are looking for rental properties, suggest they check with the Humane Society or local shelter for pet-friendly rental listings, or advise them to check out Web sites like PeopleWithPets.com, or HomeWithPets.com.
4. Distribute animal adoption literature, or Web resources like No Paws Left Behind whenever suspect it might be useful.
5. After the owners or tenants have moved, ask neighbors if the former occupants had pets. Check to make sure no pets were left behind.
6. Ask people you may have visiting the property to keep an eye out for abandoned pets.
7. Call your local Animal Control, the American Society for the Prevention of Cruelty to Animals (ASPCA), the Humane Society or other shelter for help with rescuing abandoned pets.

Have you encountered abandoned pets in any of your properties? How did you handle it? Please drop us a line and tell us about your experiences. Feel free to share any ideas you think could help other real estate investors who run into the same problem.