[Ord. No. 3236 §1, 8-5-2013]
For the purposes of this Chapter, certain words and phrases used in this Article are defined as follows:
A property that is vacant and under a current notice of default or notice of sale, or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
A property that is accessible through a compromised, breached or broken gate, fence or other entry point.
A structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons.
A lender under a note secured by a deed of trust.
Consecutive calendar days.
A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition includes any subsequent deeds of trust.
The failure to fulfill a contractual obligation, monetary or conditional.
Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings, such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) under a deed of trust defaults.
Within forty (40) road/driving miles distance of the subject property.
A notice, issued pursuant to the applicable real estate security document or Section 408.554, RSMo., that a default has occurred under a deed of trust.
In excess of forty (40) road/driving miles distance of the subject property.
Any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
The person having recorded title to the property at the point in time the record is provided by the Cass County Recorder's office.
Any unimproved or improved real property or portion thereof, situated in the City and includes the buildings or structures located on the property regardless of condition.
The person designated by a beneficiary as the beneficiary's representative for purposes of accepting notice, service and summons on behalf of the beneficiary and for otherwise ensuring compliance with the requirements of this Article.
Any improved real property or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted or zoned for such use.
Such measures as may be directed by the Director of Community Development or his designee that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window or other openings.
The person, firm or corporation holding a deed of trust on a property.
A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
A building/structure that is not legally occupied.