Process con­tin­ues to clean prop­erty

Northwest Arkansas Democrat-Gazette - - VOICES - LYNN KUTTER

FARM­ING­TON — Neigh­bors con­cerned about prop­erty at 97 N. Dou­ble Springs Road con­tinue to show at monthly City Coun­cil meet­ings to get up­dates on what the city is do­ing to clean the prop­erty.

Neigh­bors LaDeana Mullinix and Jim Logue had ques­tions at re­cent meet­ing.

“Is there any­thing we can do to make them clean up the front yard?” Logue asked. “I’m tired of look­ing at it.”

City At­tor­ney Steve Ten­nant told Logue the city has to fol­low statu­tory pro­ce­dures.

“The wheels of jus­tice grind slowly,” Ten­nant said.

City of­fi­cials hoped to clean the prop­erty us­ing a state law al­low­ing cities to de­clare a prop­erty as a nuisance. The statute says a prop­erty can be de­clared a nuisance if it has three dis­trict court con­vic­tions of health and safety code vi­o­la­tions within a year.

Now, a dif­fer­ent route is be­ing used, as re­quested by the city.

Mort­gage holder Wil­liams Hold­ings has filed a com­plaint against the four own­ers to fore­close be­cause of the con­di­tion of the prop­erty, Ten­nant said.

Wade Wil­liams, at­tor­ney for Wil­liams Hold­ings, said there are sev­eral le­gal steps to go through in fore­clos­ing on prop­erty. Fore­clo­sure has started. It’s tak­ing longer be­cause a ti­tle search de­ter­mined one in­di­vid­ual has a lien on the prop­erty and that per­son can­not be found, Wil­liams said.

A warn­ing no­tice has been pub­lished and a cer­ti­fied let­ter sent to the last ad­dress of the per­son with the lien to give the per­son time to re­spond. That time has ex­pired. The next step will be to have a de­cree of fore­clo­sure is­sued by the court, which gives the own­ers 10 days to sat­isfy all judg­ments, Wil­liams said.

When the 10-day dead­line has passed, Wil­liams Hold­ings will ask the court to set a date to sell the prop­erty by pub­lic auc­tion.

Af­ter the prop­erty is sold, the cur­rent res­i­dents will be re­quired to va­cate the prop­erty. If there is a prob­lem, Wil­liams said, the court will be asked to is­sue a writ of as­sis­tance, re­quest­ing help from law en­force­ment.

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