East State Street renters caught in middle of foreclosure

MASON CITY – Renters on East State Street in Mason City have discovered utility shut-off notices and warnings about a bank foreclosure on their doors and are worried about what is next for them.

NorthIowaToday.com was alerted to the situation the neighbors at 310, 314 and 320 East State Street are facing and gave them a chance to tell about their predicament.

The tenants at these addresses seem to be caught in the middle of a bank foreclosure involving a bank, the property owners and a real estate company who has taken over the rental responsibilities. NorthIowaToday.com was able to obtain a copy of a foreclosure lawsuit the tenants were in possession of. The suit was filed May 31st, 2011, in Cerro Gordo County District Court. The lawsuit lists the plaintiff as U.S. Bank and the defendants at Matthew and Christine Birkey and Hammond Estates, Inc. A search of the Cerro Gordo County property list shows 314 East State Street in Mason City; the deed is with Matthew and Christine Birkey and there exists a contract with Hammond Estates, Inc.

Just two or three blocks from the multi-million dollar streetscape project, a stone’s throw from the Mason City Police station, and nearly as close to the city’s mayor’s residence, the neighbors spoke of their problem in subdued tones and bewilderment, some fighting back tears. Piles of garbage were in front and in back of the homes.

Click here to view photos.

They say that all utilities are included in their monthly rental payments and that the landlord has the responsibility to pay those bills. Most claim that they are making their rental payments, yet the shut-off notices are showing up on their doors. They say the landlord’s name is Mike Hammond of Swea City, Iowa.

“Jen”, who lives at 320 East State Street, says her utility bills are not being paid and her landlord will not answer the phone. She and her neighbors say their water will be shut off by the city on June 21st. Jen says she and her son have “no where to go.”

Brandy Quinby, who lives at 320 East State, says she has heard their landlord is in jail and a bank is foreclosing and no one really is sure what is happening or what to do next. “We can’t get ahold of anyone landlord-wise,” she said. Brandy has already found a new place to live and will be out soon.

Andrew Griffin, who lives at 314 East State, says he is concerned for all his neighbors. He says they have no where to go. He also says the properties have not been well-kept. He talked of black mold, sewer gas, running toilets. He pointed out mounds of trash piled up in front of the homes and also in back. “The landlords abandoned us, completely,” he says.

NorthIowaToday.com asked Lionel Foster, Mason City Human Rights Department Director, about the situation. He said “According to them (tenants), the landlord is in jail and is responsible for paying the water bill. They have all been given shutoff notices for water. I sent them to the water department who agreed not to discontinue their service until the mess is cleared up. Also, the Iowa Landlord Tenant law prohibits a landlord from diminishing/causing the water service to be canceled. In that situation, they will need to file an action against the landlord in court.”

No contact information was obtainable for Mike Hammond. A message left with Matthew Birkey, asking about the situation with the rental properties and tenants on East State Street, was returned late Wednesday evening by Mr. Birkey. Listen to Mr. Birkey’s message:

Watch video of renters on East State Street explain their landlord problems: