December 3, 2023
Dear Ms. Homeowner,
It is my understanding that you signed an agreement with your mortgage lender which allowed
foreclosure and relinquishment of the home. Three years after that agreement was signed, the City
began to fine you for various code violations. The City fined you because the mortgage lender failed to
remove your name from county property records. The City continued to fine you over a length of time,
resulting in $105,000 owed to the City for fees and penalties.
The Eighth Amendment of the Constitution protects citizens from excessive and unnecessary fines. In my
opinion, the fines imposed by the City are excessive. Not only are the fines excessive, they are being
imposed on the wrong individual. When you signed the agreement relinquishing ownership of the home,
you signed away your responsibility for the home. Any code violations found after that date are the
responsibility of the mortgage company, as the rightful owner of that property.
It is my opinion that you are not responsible for those fines and penalties. The City cannot impose those
fees and penalties upon you. A civil suit against the City would be a good starting point. Please let me
know how you would like to proceed.
Sincerely,
Attorney
Citation
Excessive fines, L
EGAL
I
NFORMATION
I
NSTITUTE
,
https://www.law.cornell.edu/constitution-
conan/amendment-8/excessive-fines
(last visited Nov 28, 2023).
