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Akron family pays rent for 18 years, gets weeks to move because of foreclosure
By Stephanie Warsmith
Beacon Journal staff writer
Published on Tuesday, Dec 23, 2008
Mary Milbry is about to be kicked out of the Akron home she has lived in for 18 years, although she never has missed a monthly payment.
Milbry doesn't own the Madison Avenue house. She rents it.
Her landlord is the one who didn't pay the mortgage and lost the home.
Milbry, 56, belongs to a group of victims of the country's mammoth foreclosure problem: tenants who lose their homes through no fault of their own.
''If I could just find a place to live, that would be my Christmas,'' said Milbry, who is scrambling during the holiday season to find a new home for herself and her 18-year-old son. ''This is the worst thing that has ever happened to me.''
Milbry isn't alone.
The Mortgage Bankers Association estimated in August 2007, the last time such a study was conducted, that one in eight foreclosures involved buildings that weren't occupied by the owners — a figure the group thought probably was low.
Two Ohio legislators tried unsuccessfully last week to get a state bill passed before the end of the legislature's lame-duck session that would have given more protection to tenants.
''Those who play by the rules, live up to their end of the contract, and always pay their rent on time should never be penalized for the actions — or inactions — of their landlords,'' said a news release from Reps. Ted Celeste, D-Grandview Heights, and Mike Foley, D-Cleveland.
Celeste and Foley said they hope to pass the Ohio Renter's Protection Act early in the new
session, when Democrats will regain control of the House. Their bill would require landlords to notify tenants if the property they are renting is in foreclosure, goes into foreclosure or is up for sheriff's sale. Residential rental agreements would convert to month-to-month after court-approved sales and landlords would face penalties for violating the legislation's provisions.
Others across Ohio also are taking steps to address foreclosures. On Christmas Eve, local government officials, homeowners and nonprofit groups will gather on the steps of the Hamilton County Courthouse in Cincinnati to discuss the need for a statewide moratorium on foreclosures.
More than 80,000 foreclosures are expected in Ohio this year and another 40,000 are anticipated in the first half of next year, according to the Legal Aid Society of Southwest Ohio.
No protection
Lolita Adair, a real-estate broker who chairs Akron's predatory lending task force, said she's hearing more and more about tenants losing their homes.
''This needs to be looked at,'' said Adair, one of several local officials who have been trying to help Milbry. ''How do they protect themselves? They don't know if the landlord is about to go into foreclosure or has [gone into foreclosure].''
This has been Milbry's frustration. During the past year, while the West Akron home that Milbry rents has been going through foreclosure, she has been trying to figure out what was happening.
Last November, Milbry wrote on a summons from Summit County Common Pleas Court pertaining to the foreclosure, ''I need to know how long do I have to live at this address?'' She added, ''I do not owe any back rent.''
Milbry repeatedly went to the Summit County Sheriff's Office to see whether the house was on the long list of properties for sale.
The house was sold at a sheriff's sale Aug. 29.
Still, Milbry hoped that whoever bought the house might want to keep her as a tenant and that she wouldn't have to move.
But then, on Dec. 4, Milbry got a notice from the sheriff's office that she had 10 days to move. Frantic, she went to court and filed a request for more time. She was worried about trying to find a new place this close to the holidays and with the weather being so cold.
Milbry has an attorney with Community Legal Aid Services who is trying to get her more time. Her eviction is now scheduled for 1 p.m. Jan. 13, according to the sheriff's office.
Section 8 home
Milbry, a home health-care aide, has been out of work for a year and is concerned about the expenses that would come with a move. The house she's living in is Section 8, and the Akron Metropolitan Housing Authority (AMHA) is paying the $560 a month rent.
''I have nowhere to go,'' she said. ''No money to move.''
AMHA has given Milbry a voucher that she can use for a new place within the next 120 days. The landlord must be willing to accept a Section 8 tenant and the house must pass an inspection.
Milbry said she has been looking, but so far hasn't found a place suitable for her and her son, who attends high school.
''I don't know what to do,'' she said. ''I need help. And time.''
Felicia Manson, Milbry's former landlord, said she feels bad for herself and Milbry. Manson bought the Madison Avenue house in February 2007 and was in foreclosure proceedings within eight months.
''I know she's been there for some years,'' she said of Milbry. ''Everyone's losing their houses now.
''It's just messed up right now for everyone.''
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.
Mary Milbry is about to be kicked out of the Akron home she has lived in for 18 years, although she never has missed a monthly payment.
Get the full article here.
Comments
Click here to post your comments
Akron, Oh
Posted 07:27 AM, 12/23/2008
I don't get this....
What happened to the money being paid to the owner by AMHA ?
Why weren't the house payments being made ?
Can't the owner be in some kind of legal trouble for taking AMHA money and failing to make the house payments ?
Posted 07:49 AM, 12/23/2008
SCUMLORDS
Posted 07:50 AM, 12/23/2008
My thoughts are with the Milbry family. I hope she can find something suitable for herself and her son. Shame on Felicia Manson and her financial irresponsibility.
Posted 08:10 AM, 12/23/2008
I know some of the Milbrys. I have never heard a bad word about a Milbry.
I hope you find housing soon.
Akron, OH
Posted 08:15 AM, 12/23/2008
There are plenty of section 8 housin' available all over the city. Mebbe Milbry shouldn't be so picky about the free housin' available.
I suppose I can understand why it's so hard for her to leave such an active and happenin' area such as Madison Ave.
Barberton, OH
Posted 08:23 AM, 12/23/2008
Yeah, there's a problem with the real estate market being as dead as it is. Because the people WITH money are starting to buy properties in multiple numbers and basically getting in over their heads and winding up just like the Milbry's. I work with foreclosures every day and I'd say about 3 out of 10 homes I do each day have had TWO or more sheriff sales in the past six to eight years.
Akron, Oh
Posted 09:25 AM, 12/23/2008
Beta... maybe this isn't the neighborhood for you.. but she has lived there for 18 years and is/was comfortable there. And yes, maybe her rent came from AMHA section 8 housing. BUT the rent was paid every month to the SCUMLORD who didn't make the payments !!!!
Maybe someone should boot you out and see how picky you are when it comes to finding something you are comfortable with.
Stow, OH
Posted 09:29 AM, 12/23/2008
Well obviously the landlord got in over their head and used the rent for other things.But being out of work for a year is not helping, Milbry would have more options if she would get a job,health care aide jobs are in the paper every Sunday.
Posted 09:32 AM, 12/23/2008
Why do landlords go into foreclosure????
Health problems, loss of job etc. Also, increase in labor, increase in materials, increase in Health Dept oversite and regulation, increase in AMHA oversite, DECREASE in rents, tenants who destroy the properties and won't pay, increase in permits and increase in electrical, building and fire inspections and on and on and on ...
If landlording is so easy why don't some of you loser tenants become landlords?
Ms Milbry had plenty of notice ... beginning with the sheriff sale sign posted on her house ... that's at least 30 days ... LEGALLY, she only deserves a 30 day notice whether it's a foreclosure or the landlord wants to terminate tenancy.
Stow, OH
Posted 09:33 AM, 12/23/2008
????
Posted 09:35 AM, 12/23/2008
The house sold August 29th ... she had 3 months to be proactive. She sat around and did nothing now she wants to be a victim.
Go buy your own house then,
Posted 09:39 AM, 12/23/2008
''I know she's been there for some years,'' she said of Milbry. ''Everyone's losing their houses now.
That is not true. Everyone is not losing their homes, now. Why didn't the landlord tell this poor woman the truth, months ago. AMHA needs to looking into seeking some type of legal action against this landlord.
Posted 09:43 AM, 12/23/2008
How about an article on all the tenants who deal drugs out of thier houses, don't pay rent, trash the place, move thier relatives in, run up water bills and don't pay them etc etc etc ... I can keep going on!
How about an article on why landlords lose their investments? Oh, that's not going to be a heartfelt as Ms. Mibry. Then tenants are the victims .... yeah yeah.
Her house sold Aug 29th ... she couldn't figure out what was happening until December????????
Posted 09:56 AM, 12/23/2008
Funny ... if a homeowner goes into foreclosure ... there is nothing but sympathy for the homeowner ... victim of this victim of that.
If a landlord goes into foreclosure, they are referred to as SCUMLORDS (see superfly's comment) and the TENANT is the victim.
All you renters out there ... go be a landlord if it's so easy. Go buy your own house if it's so easy. All you bleeding hearts out there, go buy houses and rent them out ... LMAO!
Akron and Summit County are driving landlords out of business. I've been a landlord for 20 years ...
Tallmadge, OH
Posted 10:53 AM, 12/23/2008
This is just business as usual for Landlords. My OMG advise to the Milbry's is if you don't want to be thrown out of your rental home because of the foreclosure process, buy yourself a house, and make your mortgage & real estate tax payments. Landlords in Akron often have financial difficulties because so many of their bad tenants do not pay their rent on time or never pay at all. I wouldn't own rental property in Akron if it was gifted to me.
akron, oh
Posted 12:08 PM, 12/23/2008
It is hard to feel sorry for someone trained as a Nurses Aide that has been unemployed for a year. Give me a break - those jobs are not hard to come by. Did she even try? Or was she content to sit at home and let the taxpayers take care of her rent?
Posted 12:10 PM, 12/23/2008
BetaMax,
You old, troll piece of s. Through no fault of her own, she is in this situation. If you want to stereotype, the kind of landlord we are dealing with most likely looks like you do. If we want to go there.
You took over OMG's spot as worst troll on this site several weeks ago.
Done.
Posted 12:13 PM, 12/23/2008
Akron and Summit County are driving landlords out of business. I've been a landlord for 20 years ...
But, you're still in business. How many gifts did you have to give thus far?
Barberton, OH
Posted 12:20 PM, 12/23/2008
Hey Mike, I agree that the tenant, especially in this case, should have been more pro-active in their new home search. But landlords, such as yourself, should have a more hands on approach if you find yourself in the position of renting to questionable people, who you seem to be whining about. I've rented, I've owned, and I've rented out, and in my experience it pays to get to know your tenants on a personal level if possible, and to be picky upon who you rent to.
akron, oh
Posted 01:38 PM, 12/23/2008
SO if you get a job as a Health aide. Do you lose the money coming in from the amha ?
Posted 02:37 PM, 12/23/2008
They have an income formula they use to base rent on. If her rent calculation goes up to some amount she is not willing to pay, then she leaves the program. That's how it's always worked.
Akron, OH
Posted 02:41 PM, 12/23/2008
@Hey There, Spoken like a true renter who's never owned anythin' in their life. Besides, there are plenty of section 8 vacancies in that area. Jes' look around before speakin' rectally.
@Urbancupcake, ((chucklin')) Worst troll???? Sorry sonny, that honor belongs to y'all, and those who think that by lacin' their petty comments with swearwords and little egoish bravados.
I don't know iff'n y'all have the capacity to notice, but the only person here stereotypin' the landlord, is y'all.
Now, iff'n y'all wish to discuss y'alls shortcomin's, I'd be happy to point them out to y'all after the holidays.
Y'all really need to get some counselin' about what the holidays are about.
Back to work now, y'all are lettin' the supersized orders back up.
Posted 07:00 PM, 12/23/2008
Some of you are overlooking some details. This woman DID realise it was sold at a sheriff's sale, BUT was hoping that she would stay there as a renter. She did not know, the intent of the person who bought the property.
As it turns out, the new owner wanted her and her son out, and she has no legal recourse. I fully understand the problem. She didn't know at all the new owner's plans, nor is she legally entitled to it. 10 days is way too soon......just my views...
m, m
Posted 09:31 PM, 12/23/2008
did sh just get Section 8 housing? or has she recieved it for the last 18 yrs ???
......, Oh
Posted 11:08 PM, 12/23/2008
What a sad story.
The Milbry family will be in my thoughts and prayers.
