A Four Year Celebration
You’ve all read about it in previous years, the saga of 120 Johnson Park. A property that faced a demolition hearing in Housing Court, held onto through an uncompleted foreclosure, bricks falling on to the sidewalk below, constant break-ins that defied Judge Nowak’s Order to Vacate to protect the property and the surrounding neighborhood, trash and litter strewn about, junked furniture and televisions along its side and rear, the fight of an organization to assure it came back, and it’s all over now.
Four long years ago, on Thanksgiving morning, the owner of this property left it, abandoned it, never to return. In April 2004 the West Village Renaissance Group (WVRG) prompted city inspectors to cite the property for Housing Court and arranged for an interior inspection to take place with the Jubilee Community Loan Fund (the mortgage holder) and possible purchasers to view it.
In May 2004 Judge Henry J. Nowak placed an Order to Vacate and Receivership on the property. The Order to Vacate would, hopefully, protect the structure and surrounding grounds from break-ins. However, since there was no income from rents on the property with which to make repairs, the Receivership was rescinded a few months later. In December the property was scheduled to go up on the City Foreclosure Auction and a local police officer was at the ready to bid on it. However, someone, unknown to any of us, made the tax and user fee payments at the last minute.
In May 2005 a representative from Jubilee appeared in court to tell the judge that they were in discussion to foreclose on the owner. In December of that year the judge imposed a $6,000 fine on the owner.
In February of 2006 Jubilee filed a Lis Pendens (notice of possible foreclosure) against the owner. This Lis Pendens showed the intent of Jubilee that the property was theirs and the WVRG successfully petitioned to have Jubilee cited on the court proceedings as a responsible party. Later that year, in September, the judge requested a plan of action from all parties to decide what was to be done with the property. A court letter, also known as a document requiring the defendant to appear in court after non-appearance, was sent to Jubilee in October 2006. November found us at a complete loss for words as a demolition inspection was ordered on the property. However, the WVRG kept up the research on public records and discovered that Jubilee completed the foreclosure process so they could schedule the foreclosure sale the following month.
At the foreclosure sale in December 2006, there were approximately 10 – 12 people in attendance. One was a neighbor who had attempted to purchase the property without response from Jubilee, another was a young man and his mother who had also attempted purchase with little or no response, and also a few developers on hand. The reserve was set at $20,000 and not one person offered a bid. The sale closed without a purchase. During this time, Jubilee again, did not appear in court and the judge levied a stiff $18,000 fine on the organization.
At that time the court file ended up in limbo, the Abandoned Properties file. The WVRG scrambled to meet with City representatives from the Common Council and Corporation Counsel to see if the Abandoned Properties ordinance could come into play. However, there was a snafu in communication as the prosecutor from Housing Court position changed hands and the new prosecutor had little experience with this action.
We started working with Tish Woods of the Community Preservation Corporation early in 2007 to see if we could get the ownership of the property, rehab it, and then sell it to the police officer that was originally interested in it. Unfortunately, Jubilee seemed to hedge on any offer to purchase.
In April 2007, the WVRG contacted the principal of the Jubilee Community Loan Fund via certified mail without response. Follow up calls were ignored. A number of calls were made between a representative of the WVRG and Jubilee’s attorney without resolution. Finally, the day came that the court file was pulled back into court and a title search was performed in June. A pre-trial conference was established in September with a buyer identified along contract negotiations that were set by another member of the WVRG. At this time the WVRG recommended that, if the sale were to take place and title successfully transferred, the $18,000 fine against Jubilee be rescinded.
The property was transferred, according to public records, on October 19, 2007. It was a Friday, the Friday before the property was to be put on the City’s auction block, once again. This structure was sold and saved literally six business hours before the chopping block. Hopefully, we will have some words from the new owner in a future post on BR. No not the police officer originally planning to purchase, but still, an outstanding individual who has already started to remediate the property.
The diligence of the WVRG as a cohesive and dedicated group assured success in this long endeavor. The WVRG has no budget and pays no salaries, but this all-volunteer group works effectively as a nonprofit community preservation organization, with a dedicated Board of Directors and a stellar Board of Advisors.
It took years, that is true, and there were negative comments made that nothing was being done. But, no one ever gave up and called it quits. You see, in community undertakings, the worst thing you can do is get frustrated and succumb to that frustration. It’s very tempting to walk away, chip on shoulder, promising oneself never to get into anything like that again. But, with sincere perseverance and talent, learning and strategizing, and the old stand by of never giving up, success is achieved.
You cannot measure success by a timeline, but rather the end result that is lasting and spurs others into action. I thank my partners in the WVRG for keeping the faith and winning the war, as well as others including Judge Henry Nowak for his attentiveness to the plight of a neighborhood, Tish Woods for her wisdom and direction, and Councilmember Brian Davis for his advice and attempts to pull the right people together.
Good Job, Team WVRG!
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Comment Options
STEEL
I am tired and all I did was read the story. Dedicated community groups have made great strides in the city. The problem is that herculean efforts like this should not be necessary. The individuals involved in the deterioration of this house apparently never faced any consequences for their actions or inactions and the process for transfer of the property to responsible ownership was unbelievable.
Here is a house rotting in a desirable area with people waiting to do something positive with it. The city has no chance if the system aids the destruction of valuable historic property like this.
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parkman
these are my neighbors and I am so proud of them! yeah, a lot of grumbling on this one, with people saying it would rot into the ground. I guess that if your heart is in the right place, good things happen. thanks, neighbors! nice holiday gift for the whole neighborhood.
now when the park gets done it will be even more outstanding! no way will that project ever fold, not with these guys doing what they do best!
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Joshua
Another postive step for Buffalo and the Johnson Park community!
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SonnyDayz
WAHOO! After all the past crap about Rte 5 it's nice to see victory! What a hell hole of work to do, though.
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NBJOHN
Just trying to become more knowledgable...Is Judge Nowak Pro presevation/holding people ass to the fire, or not so much? Anyone have an idea? I get mixed messages from this politician, err Judge.
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MRodgers
NBJOHN, the judge is one of the good guys, and certainly not a "politician" as the word denotes. He could have run for higher office or left Housing Court, which, before he came in as HC Judge, was considered the Freshman position of the courts, but he developed the Housing Court Reform Project and I am very proud to say I worked with him for two years.
He's pro-preservation, but with common sense. And, I really believe, after having the good fortune to have worked with him and learned from him, that his hands are tied by other departments within city government. He's always done well with the right feedback from community members, otherwise, he wouldn't be able to hold "feet to the fire" without the ammo.
And, I believe his tenure in Housing Court was the first time that community members and groups actually were able to have a say in what transpires in certain cases through their witness of misdeeds, lack of follow up on court orders and direction, and other issues. He also developed the Court Liaison system to assure certain citizens could get their information into court without reprisal from the defendants.
He's a cool guy with a huge heart for his city. I am honored to know him and to have worked with him, and to now call him a friend.
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joey
I have had housing cases in front of Judge Nowak, not mine , but other properties that were in bad stages of disrepair. Although these cases were long and drawn out ( not the Judge's fault), the judge's heart was always in the right place. He has been the most dedicated and involved juror to sit on this bench in a very long time. He inherited a long list of nightmares with the city's poor handling of its' housing problems. His hands are sometimes tied due to legal maneuvering, but he does his best and is heads and shoulder above the past housing court judges Buffalo has had. He also takes much of his personal time ,away from his family, to speak to neighborhood groups and business assoc. thruout the city. One would be hard pressed to find any fault in Judge Nowaks ' performance on the bench.
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kelly
This is the sort of thing that gives me hope for Buffalo's future, and keeps me here. Good job, everyone!
And Nowak has done a lot of good in his tenure as housing court judge.
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urbanesque
That is a lot of work by a lot of people! Excellent job saving this property. How many more are there like this in that part of the city that just need someone to invest in them before they are at the point of becoming a labor of love instead of a sound investment? How do we make more people aware of these properties? There are a lot of investors out there who just need an introduction to a great house like this one. Could we use this forum to make these introductions? Maybe feature a house from the various groups and associations each week, with the price and ownership information?
Thoughts?
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Superfluff
Congratulations!! Nice work WVRG!
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AvaRouge
I love a happy ending. Kudos WVRG! Now who are all those hot guys in the picture? One looks like an on-air personality.
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MRodgers
Now, now, Ava, hold yourself back, I believe all are in relationships. (But, you're right, they're all pretty good lookin') The picture shows the members of the WVRG Board of Directors at the time of the shot.
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Willie1
I'm sure it took the efforts of all, but I recognize some of the great folks from Whitney Place in the photograph. Now, there is an amazing street with a wonderful group of neighbors. While the fringes of the West Village are coming around, Whitney Place is the heart & soul of this National Landmark Preservation District.
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telstart
Willie1, glad you are proud of Whitney Place, but I think this was a lesson in how people come together for a singular purpose eventhough they are from different streets. In the picture I see residents of Carolina Street, Rabin Terrace, Whitney Place, Georgia Street, Johnson Park and another from a neighborhood outside of the West Village. That is what is most important, a collective effort of people with a purpose making a difference. I doubt there are any disputes among these individuals as to what street is better or more important. They seem to care about what is best for the whole neighborhood and, from previous posts, what can be translated into other areas of the city.
Good going, guys! We need more groups like yours.
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IMADIVA
Great job...KUDOS!
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DynaBrand
What we got here, 10 maybe 12 people. OK, so this crew took on city hall and went against all the roadblocks and got this thing done.
Lets ask a few questions from our city leaders
How can they get things done against the odds but gvernment can't get the aud or skyway done? Considering the group here with their task and the collection of local, state and feds it doesn't seem to equate now does it?
Why did they have to go through all those hoops just to save a house that makes the street better? Isn't this what the govenrment should applaud or even do for them?
How long has this group been in business? Seems some local businesses can take a lesson on organizing and prfitability from them.
Considering the effrts here I think they should be in charge at City hall. And citicize my typing but I broke my arm a few days ago working on my house that I had to jump through hoops to get a permit for that took way too long and became a frustrating exprience itself.
BTW, congrats to the WRG.
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RisingDamp666
One house down, thirty thousand to go. Maybe it's time for a bigger courthouse...
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mdc
What impresses me most about Johnson Park is that a handful of neighbors pulled up their shirt sleeves and made a difference to our city. I wish we had a Marilyn Rodgers on every block on the West Side. This group has turned a drug invested, rooming house laden street into a a beautiful community. Kudos to WVRG for a job well done.
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Sal
Great job - I actually was going to bid on this property at the city auction because I was sick of looking at it!
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Jefferson
Congratulations. Good work but oh boy what a saga! (M. Rodgers - in this photo you bring to mind Barbara Stanwyck in her Big Valley days).
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Dave
Marilyn, too much information, and we don't even know what the house sold for!
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Joshua
Dave - Marilyn providing a bit of history to house shows how significant saving this house on Johnson Park is. There is some information that Marilyn probably did not know. Anyhow - great article Marilyn!
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xchef
Marilyn I'm not the least suprised at the Success all of you have achieved not only in this but all the achievements made by the neighbors of Johnson Park and the affiliations they attach themselves to. The neighbors of Johnson Park have learned the value of Enpowerment through tenacity of will. Back in 2003 when I was a short term resident there and a resident member of the Johnson Park Association, I would often entertain myself with quiet chuckles at the meetings thinking "Uh Oh! I wonder if the drug dealers, absentee landlords, and a particular slumlord in this neighborhood have any clue at all as to whats coming"!!! I saw characteristics in the people and you that made me understand "Their opponents to the coming progress believe that these people are just a nuisense and will be easily obstructed." I knew at that point that they'd never see you all coming and would be broadsided by collective will . You Marilyn, are responsible for demonstrating what the tenacity of will can achieve. People see this in you and imediatly understand how powerful they can be. I'm proud to hear the cry, even up here in North Buffalo. "Not in our yard. This is where WE live!" congratulations to all of you.
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DynaBrand
Dave, how much information is to much infomration when we can all see the process they went thru to get this done? Personally, I'm thankful it was shared so I can learn a thing or two from them. friom what xchef says they are a force to be reconed with and know the right steps to finish the job instead of backng down. As far as the price, that's up to the owner to devulge and the post said they might say something in the future.
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james278
I made it a point to drive by on the Carolina St side and they really are working on it. Saw scaffolding and brick work. Trees are being cut that were blocking the sidewalks and creating blackout spots in a dangerous area. Trash is picked up and it gives so much hope for the future. Also saw a truck with the name Peyton Barlow on it earlier in the week. Looks like they've got the right company doing the work. And it's going to take alot of money to fix this one up. Good work to the neighbors who got this done.
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james278
Oh, forgot this...I heard this group is also one of the applicants for a large grant for the park preservation project they started this summer. Good luck!
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KernwatchMN
The public record for 120 Johnson Pk is very confusing when compared to the narrative above. The city property site, at least 3 months out-of-date, lists Brenda Bratton as the owner.
Deed data shows her purchasing it from nearby Hispanics United of Bflo (HUB) for $20K on 7/17/01. She got a $22K mortgage from Jubilee Loan Fund plus a $9.5K mortgage from HUB. HUB had been quit-deeded the property for $1 on 2/4/98.
The deed remained in Bratton's name until October 19, 2007, when I was "sold" to Jubilee Fund for $20,000.
Does the agency that had been so uncooperative with the neighborhood organization 'own' the property, or an individual? If an individual, why are they unnamed?
R Kern
COPY: http://ecclerk.erie.gov:9080/prod_public_view/detail_frame.jsp?doc_id=18108171
ERIE COUNTY CLERK'S OFFICE OFFICIAL RECORDS PUBLIC SEARCH Search Results Logout
DOCUMENT DETAIL: (LAND)
Doc Type: D1B Doc Group: DEED CFN: 2007222709 Date/Time: 10/19/2007 11:05 Book Type: D Book/Page: 11136/1137 Pages: 2 Consideration: $20000.00 Status: V TT ID#: Tax ID#: TT2007006176 Legal 1: CTY PS42-43
Parties D BRATTON BRENDA REF R JUBILEE COMMUNITY LOAN FUND INC
Long Legal 1 Town Map/Hostel/Parcel Zip Prop Type CTY 120 JOHNSON PARK 14201
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MRodgers
Dick, and your point is? This, for some time, was an incomplete foreclosure, and foreclosure was finalized. The deed record is, indeed (unintentional pun), on the county website for the sale from Jubilee to the new owner.
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Olcott_Beach
This story was confusing to read; I cannot imagine what a nightmare it was to untangle the legal mess that these dedicated individuals must have gone through!
I am surprised that no one mentioned Andy Parker, or his twin, in the group photo!
Yes, to paraphrase many others on this blog; you would think the City of Buffalo would learn to streamline individual cases such as this where there is clearly interested partied who plan on renovating the property and not just sitting on it!
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Hopeful
I know that through Marilyn's leadership, this community group had to work like maniacs against the odds to get this done. Everyone has the greatest respect for the work, personal sacrifice, and creative intelligence that everyone brought to saving this house. Unfortunately, city government isn't supposed to be the villainous obstructionist that requires people to dedicate their lives to make their community vital and sound. Unfortunately, because city departments don't talk to other city departments, which limits their ability to be solve small problems before they become monstrous problems, the result is one huge disorganized mess that has to be fixed by loyal city residents and one dedicated judge who "gets it." What's wrong with this picture? I guess it has to take a village when government fails to function in even the most basic way. Kudos to Marilyn et al. I just wish I was congratulating the city for a job well done instead.
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MRodgers
To All: One of the most important thoughts in writing about this victory was that there would be no egos of any individual entered into the text. Yes, some may have done some more muscle work than others, but let me assure you that every member of the WVRG contributed to the success of the project along with surrounding neighbors.
While some created communications with city government and the mortgage company, others were watchdogs over the break-ins and other illicit activity, while still others continually cleaned up the trash and litter and attempted to keep the grass and weeds down and graffiti off the structure. There were some that used their professional skills to get the structure sold, others that researched existing laws and ordinances, and others who provided additional legal expertise and even, yes, the pictures you see throughout the many articles about this project.
Collectively, we worked hard, each individual contributing what they were good at, had expertise in or could do to make things better as the progress slowly came about. While I appreciate the personal kudos, this project would not have come to fruition without the teamwork and dedication of the WVRG Boards of Directors and Advisors along with surrounding neighbors.
Thanks for listening/reading.
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Biniszkiewicz
Re: Dick Kern's narrative above. The donation to HUB of this property happened while I was on the board of HUB. We targeted this house then for rehab. Unfortunately, vagrants who frequented the place as a shooting gallery were pissed off at the block club for getting kicked out, so they retaliated by setting fire to the place in between the time the bank donated it to HUB and the time HUB took ownership. HUB found Bratton, or vice versa. Bratton received money to purchase and fix the property, but ended up never moving in, instead defaulting on the mortgages, leading to the protracted battle illuminated in this post.
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samiam7
Biniszkiewicz time to ease on down the road. You write that the former owner never lived there when she did from July 2001 until the winter of 2003. She had some work done on the property but never finished it. I know, I used to live down the block. I also know you and your intent to service your own agenda way back in the mid-90's when you "led" the bock club. All they got in return was a poorly run rooming house and a garage built too close to an adjoining property on Tracy St you picked up on a Quit Claim deed in 1995. The house next door to your garage is hard to sell due to your arrogance in building it too close to have a human being get between the two structures. There are stories that you no longer own the garage, but you built it, with no regard for the Tracy St residents or the former owner of the property next to it. Shows your concern and how much you know. I still own property on Tracy and I am really ticked off that you got away with this. Leave well enough alone and get your facts straight.
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Biniszkiewicz
Hey samiam7: Get MY facts straight??
I NEVER owned, built, proposed or had anything to do with the garage you evidently hate except that I sold the land on which it sits to neighbors from Tracy Street who were badgering me for it. Before selling the land to Pat and Jane, I went to the next door neighbor and offered it to her instead; she had no interest, so I sold it to Pat and Jane because they were so mad at me for buying the land in the first place; they were good neighbors, did great rehab on their house, they needed a place to park and they really wnated it. So I sold them a piece. THEY built the garage, dimwit. They lived one door away. Maybe it was they, the residents of Tracy, who had no concern for their own neighbors, but I doubt it. They did good things on Tracy while they lived there.
As far as Bratton having lived in the house, I was unaware or had forgotten that she had; but she never did get the work done and HUB was not getting paid its mortgage by 2003 and there was no C of O that I am aware of.
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Hopeful
While the ongoing comments may appear to be cantankerous, I think it's REALLY healthy. There's a lot of GOSSIP and SPECULATION about why things are the way they are in the community. Ninety-nine.nine percent of the time, that word of mouth information is WRONG! I think it's important to realize that the past holds a lot of mistakes as well as sins of omission and commission, but we can't un-ring the bell. It's done. The best we can do now is to work together to fix whatever can be fixed, to believe in ourselves and each other when no one else believes, to cooperate where there was no cooperation before. If the West Side is seen as a place where people start quibbling or blaming each other even when there's a success story like Johnson Park, then NO ONE will take the West Side seriously. We all have to eliminate the nasty undertow of cynicism.
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telstart
Lord have mercy! I believe the name of the post was a four year celebration and the author's intent was to herald a good deed without egos, but they entered into the mix anyway by people who had nothing to do with the fix for the situation. Lay off, dudes, ladies, whatever.
This was a tireless effert and should be applauded, not used as a soap box for the so-called experts. Where were they for the last four years? You want to duke it out? Start your own post.
I celebrate the group that took on the problem and made it into a success. Now, how about the rest who used this as their boxing ring? Not one word of celebration, only buffering their egos. Let it go and make the most of this opportunity for your neighborhood.
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jonathan1287
Thought I would check out the property before commenting and just returned from work and my drive by there. By the way, it is very wet and cold, so make sure you have salt ready for your sidewalks in the morning. It looks like it may freeze out.
Anyway, here is my take after viewing the work done so far.
Admirable work, people, neighborhood, and cause for celebration.
Admirable that the group was noted in the post rather than individuals.
Admirable that the new owner has done so much to shore up the northwest wall in such a short time along with cleaning up the trees and garbage.
Admirable that they never gave up in four years.
Admirable that they stick together and work for what is needed for their community over what their individual needs or their individual street needs are.
Admirable.
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BfloRnr
A friend of mine forwarded this to me because we have been dealing with a frustrating situation of our own here on what you would think would be a stable block of Ashland. My neighbor is a slum lord who has let his property deteriorate and rents to tenants who have no regard whatsoever for the neighborhood. To be blunt, they are suburbanite college kids who moved to the city so they could do what they wanted (they told us this). The wheels of justice grind VERY slowly, even with a sympathetic judge like Judge Nowack. We have been trying to get something done since January of 06. I know that sounds like a short time in the grand scheme of things, but after a relatively sleepless two summers in a row we are feeling rather abandoned. The city needs to pay attention to issues before they become nightmares - we are seriously considering moving and it makes us sick that a slumlord has more "power" than the good, taxpaying, house proud neighbors of our neighborhoods!
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MRodgers
BfloRnr, give me a call at 440-1106 and we'll talk. I might be able to offer you some options to take. One of which is the Bawdy House Law. Grab your notes and call me later this weekend (just finishing off two grants right now) We'll see what else can be done.
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arealfan
I am new to this internet and was drawn to it because of this news and my friend xchef. We are not homeowners in this area. In fact we are the lowest form of renters because we are Section 8 renters. We are respected as much as anyone in this neyborhood by the people you see in the picture. They have made our lives better by making sure our kids are safe and they don't have to see all they guys selling drugs or passed out like they used to be. They took out the planter on Carolina st where gang members would hang out, and where there were stabbings and shootings, and I feel better that my two kids can play in the park and go to the store without being hasseled. They sit in the park late at night when its summertime to fight off the trouble. I saw one of these people find a man in that house that was bleeding with a hype in his arm. She called police and a ambulance instead of walking away. They make it better for all of us here in the lower west side and I really thank them. They respect all of us as humans and make things better for our kids. We feel like we have a family here.
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SonnyDayz
Wow, nuff said, this group brings people together.^
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KernwatchMN
I was indeed mistaken.
Jubilee immediately sold 120 Johnson to Michael Morga for $12K on 10/19.
I was puzzled why his name has not been mentioned. It soulds like he is doing a good thing & should be recognized.
COPY:
ERIE COUNTY CLERK'S OFFICE OFFICIAL RECORDS PUBLIC SEARCH Search Results Logout
DOCUMENT DETAIL: (LAND)
Doc Type: D1B Doc Group: DEED CFN: 2007222710 Date/Time: 10/19/2007 11:05 Book Type: D Book/Page: 11136/1139 Pages: 2 Consideration: $12000.00 Status: V TT ID#: Tax ID#: TT2007006177 Legal 1: CTY PS42-43
Parties D JUBILEE COMMUNITY LOAN FUND INC R MORGA MICHAEL
Long Legal 1 Town Map/Hostel/Parcel Zip Prop Type CTY 120 JOHNSON PARK 14201
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