Title:
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Release of Code Enforcement Liens - Authorize the Chairman to execute Releases of Lien for 40 foreclosure registry code enforcement cases with Liens identified, reviewed and determined to be unenforceable. Countywide. (Jose Gomez, Development Services Director)
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Division:
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Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Jennifer Nix/407-665-7242
Background:
In 2014, the County implemented a Registration and Maintenance of Foreclosed Properties Program to establish a process for the registration of abandoned real property located within the unincorporated areas of Seminole County to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties.
At the end of 2019, the County entered into a contract with Prochamps for Foreclosure Registration Services. The County also entered into a legal services agreement with Break Point Law, LLC, to act as special counsel to Seminole County Code Enforcement Officers to prepare all documentation and to prosecute code enforcement cases regarding the collection of fees, all specifically related to registration and maintenance of foreclosure properties.
This request seeks that the Board authorize the full release of 40 separate code enforcement liens (“Liens”). In reviewing the identified files, staff has discovered that the notices regarding the violations or the related hearings for these cases were deficient and issued to the wrong party.
Staff worked with the County Attorney’s Office to review each of the recorded Liens at issue, as well as the notices of violation and notices of hearing provided in each respective matter, property ownership information of public record, and the relevant online foreclosure actions and associated court documents. It was confirmed that due to the noticing issues, proper due process of the violations and hearings was not afforded to the owners of the subject properties.
As notice of the violations and related hearings was not conducted in accordance with state law or the Code, staff, in consultation with the County Attorney’s Office, has concluded that the Liens are unenforceable, and therefore recommends a full release of the Liens.
Requested Action:
Staff requests that the Board authorize the Chairman to execute Releases of Lien for 40 foreclosure registry code enforcement cases with Liens identified, reviewed, and determined to be unenforceable.