Elizabeth Weintraub • Sacramento Short Sale Agent • Land Park

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New Law Says Banks Must Rescue Abandoned Foreclosure Pets

abandoned foreclosure petsThanks to Assembly Bill 2949, a new law takes effect on January 1, 2009 to protect abandoned foreclosure pets. It's disheartening to realize that California had to pass a law about this, yet I'm glad it did. You'd think that most people would simply do the right thing and take care of pets left behind in foreclosed homes, but banks have been turning away from the problem and pretending it did not exist.

In part, it's because many REO banks view pets as personal property and want to ward off potential lawsuits. I suspect it's also because they don't have time to "deal" with discarded pets as foreclosures loom. Many banks instructed real estate agents to ignore the pets discovered at the home, but fortunately, lots of agents discarded that advice.

The law says banks and landlords who find an abandoned or "involuntarily deposited" pet must take care of the animal or notify the animal control authorities. It also provides repayment by allowing animal control officers to recover the cost of rescue by filing a lien secured to the property.

In the city of Sacramento, Animal Care Services can be contacted by calling 916.808.7387. Be aware, however, that about half of the pets taken to Animal Care are euthanized. If you can adopt an abandoned foreclosure pet, please find it in your heart to do so. Or, if you know of a deserving family who would love a furry addition to their home, please encourage adoption of a foreclosure pet. It's much better to give the pet a forever home, don't you think?

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The Short Sale, by Elizabeth Weintraub, coming from Archer Ellison January 2009.

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Elizabeth Weintraub is an author, home buying columnist for The New York Times-owned About.com, a Land Park resident, and a Land Park real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown and East Sacramento. Weintraub is also a Sacramento Short Sale agent who lists and successfully sells short sales throughout the four-county Sacramento area. Call Elizabeth Weintraub at 916.233.6759. Put 35 years of real estate experience to work for you. Broker-Associate at Lyon Real Estate. DRE License # 00697006.

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The views expressed herein are Weintraub's personal views and do not reflect the views of Lyon Real Estate.

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Comments

Elizabeth - I can't imagine anyone abandoning a pet.  I'm glad someone is looking out for them...  :)

Posted by Debi Ernst GRI, e-PRO, Broker/Sales Associate (St. Charles County, Missouri - Prudential Alliance Realtors) over 3 years ago

It is amazing that we have to have a law for this. I understand the problem posed by pets when renting property. Another unintended consequence of the foreclosure process.

Posted by Fred Chamberlin - Oak Harbor/Whidbey's #1 Experienced FHA Mortgage Consultant (Guild Mortgage Co - Oak Harbor WA) over 3 years ago

It's great to see this law in your state.  I wish Georgia would adopt something similar.  We had just one house this year that was an REO that they left 4 kittens.  I contacted a no kill shelter who went out and trapped them.  I have already adopted 5 pets in the past 6 years.  Plus I feed my no account neighbor's cat as well.  I'd love to have more, but I just can't.  I'm going to email this legislation to my state representative today.  Thanks for the info.

Posted by Tammy Lankford/Broker Lane Realty Lake Sinclair-Central GA over 3 years ago

Elizabeth- It really saddens me that a law like this even needs to be created. Why do people have pets and then treat them so terribly? I really do not understand. I am glad though that there is a process now to help any animals left behind so that they have a chance to be taken care of.

Best,

Scott

Posted by Scott Cowan (RE/MAX Four Seasons) over 3 years ago

Hi Debi: Oh, you'd be astonished at the way people discard pets when they move. When I was involved with the Sacramento SPCA, I witnessed first-hand the tears that poured forth when pets were brought in by their abandonors. These people would sob and sob over handing their pet to the SPCA, but they still did it anyway. It's almost as bad as driving out to a deserted country road and kicking the dog out of the car. I don't have any empathy in my heart for those people.

Hi Fred: When I owned rentals (which I don't anymore), I always rented to people with pets and just charged them a higher security deposit.

Hi Tammy: That's a good idea -- maybe you can get something going in Georgia!!

Hi Scott: Some people treat their pet like a pair of worn-out shoes. When it no longer fits their lifestyle, they toss it into the trash.

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Posted by Elizabeth Weintraub, Sacramento Short Sale Agent, Land Park, East Sac, Lyon RE (Top 1% at Lyon Real Estate #00697006) over 3 years ago

Elizabeth

This post reaches out to people; when all else fails I still have Lars. I cannot see how anyone can abandon anything.

Sincerely

Tom Braatz

Posted by Tom Braatz,Waukesha County Realtor Real Estate agent,Waukesha Cty WI Real Estate (Re/Max Realty Center 262-377-1459) over 3 years ago

Elizabeth, it seems like the government has to always step in when people continue to act irresponsibly. It's sad when it involves pets. Abandoning a member of the family even an animal is ridiculous.

Posted by Gary Woltal - Assoc. Broker REALTOR® SFR Dallas Ft. Worth (Keller Williams Realty) over 3 years ago

Elizabeth:  You shoudl be proud to live in such an empathetic and forward thinking state.  I feel terrible when I hear how many pets are ending up neglected or homeless as a result of this economy.

Posted by Chris Ann Cleland, Associate Broker, Northern VA (Long & Foster REALTORS®, Gainesville, VA) over 3 years ago

Hi Tom: Pets are a great source of comfort. I don't know how anyone can live without them, much less discard them. I still have fond memories of my cat, Ashli, a white Persian, who once crawled on top of my back and slipped his paws around my neck while I was lying on the sofa face down sobbing.

Hi Gary: I'm glad to see this legislation passed. I wonder how it will be enforced, though.

Hi Chris Ann: I believe the bill was introduced by Mark DeSaulnier, a Democrat from Martinez (near San Francisco).

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Posted by Elizabeth Weintraub, Sacramento Short Sale Agent, Land Park, East Sac, Lyon RE (Top 1% at Lyon Real Estate #00697006) over 3 years ago

More victims of the mortgage meltdown. I agree it is sad that a law had to be passed before people might do the right thing by these animals. I do feel for them though, it can't be easy to lose your home and then have to find a rental or temporary accomodations which will take pets. I'm so sick of this reality!!

Posted by Seattle Real Estate|Colleen Fischesser| |Short Sale Specialist|So King County (RE/MAX Select R.E | Designated Broker/Owner) over 3 years ago

Is it that people in foreclosure get so depressed that they just shut down their feelings, their heart to survive and poor pets are left behind?

I can;t blame people, I think the foreclosure is more than many of us can handle, and the law like that is a good thing.

Animals falling victims to foreclosure, who culd have thought we would see that...

Posted by Jon Zolsky, Daytona Beach, FL. FunCoast Realty, 386-405-4408 over 3 years ago

Poor little critters.  It's not only homeowners and some tenants that lose their homes to foreclosure, but some animals too.

Posted by Myrl Jeffcoat (Real Living Great West Real Estate) over 3 years ago

Hi Colleen: There are a lot of victims from the mortage meltdown, and I can't think of anybody it hasn't affected -- from tenants to pets to first-time home buyers who can no longer obtain Nehemiah assistance.

Hi Jon: Some people should never be pet owners in the first place. From the day that pet enters your home, I believe people have a responsibility to care for that pet until the end of that pet's life; which means if they can't take the pet with them, they should find a replacement home.

Hi Myrl: I hate to say this -- not only do pets lose their homes, but many of them lose their lives.

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Posted by Elizabeth Weintraub, Sacramento Short Sale Agent, Land Park, East Sac, Lyon RE (Top 1% at Lyon Real Estate #00697006) over 3 years ago

I am so happy to hear this. Thank you for getting the word out about the discard of so many animals. As an animal lover... it just breaks my heart. Please donate to your local SPCA... they are really trying to help with this too.

Posted by Lori Kim Polk, Roseville, Sacramento Home Stager ( Premiere Home Staging : Home Staging Services) over 3 years ago

Elizabeth - I just heard about this the law the other day and I'm so glad too.  It's about time!  As a dog mama with three fury babies, it's just disheartening to me to hear the horror stories of pets being left behind.  I can't imagine the cruelty that these poor creatures go through when their families just abandon them alone to fend for themselves or in many cases just die.  Thank God for this law and I hope to see it spread across the country.

Posted by Donne Knudsen CalState Realty Services (Los Angeles & Ventura Counties in CA) over 3 years ago

Hi Lori: I donate to several animal humane organizations. And if I find pets running loose on the streets, I take them to the SSPCA.

Hi Donne: Lots of states follow in California's footsteps, so I hope so, too!

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Posted by Elizabeth Weintraub, Sacramento Short Sale Agent, Land Park, East Sac, Lyon RE (Top 1% at Lyon Real Estate #00697006) over 3 years ago

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