Print Back to Calendar Return
  County Administrator's Report     11. 1.    
BCC Regular Meeting Discussion  
Meeting Date: 01/18/2018  
Issue:    Settlement Offer for CDBG Mortgage at 200 W. Winthrop Avenue
From: Tonya Gant
Department: Neighborhood & Human Svcs  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Settlement Offer for the Community Development Block Grant Mortgage for Property Located at 200 West Winthrop Avenue - Tonya Gant, Director, Neighborhood & Human Services

That the Board review and determine whether to accept the Settlement Offer for the Community Development Block Grant (CDBG) Mortgage for property located at 200 West Winthrop Avenue.
BACKGROUND:
On May 27, 1998, Glenda Franko entered into a $23,194 mortgage (Exhibit I) with the Escambia County CDBG Program, to provide moderate rehabilitation of her homestead property. The mortgage was recorded against the property at 200 W. Winthrop Avenue. The mortgage term was a 0% interest, no monthly payment loan, which would be forgiven after 20 years if the owner did not sell, transfer, rent or further encumber the property during those 20 years. On March 31, 2000, a mortgage with Laguna Capital Mortgage was recorded against the property in the sum of $29,300. On September 30, 2008, a LIS pendens was filed against the property, which was released in the public records on May 13, 2011. Another LIS pendens was filed against the property on May 6, 2014, but Escambia County did not receive service. On February 6, 2015, a final judgment of foreclosure was entered, and on April 8, 2015, a certificate of title was issued in favor of Trust Mortgage LLC. The County did not receive any notices regarding the foreclosure action.

On August 4, 2016, after receiving written communication from Hipolito Santiago representing Trust Mortgage, LLC, requesting that the County consider an offer of $5000 as an offer in compromise for release of the CDBG Mortgage, the Board voted to initiate foreclosure proceedings on the property (Exhibit II).

The CDBG mortgage has been contested by Trust Mortgage, LLC and Trust Mortgage, LLC has offered $10,000 as a settlement offer in this case (Exhibit III). The foreclosure proceedings are being handled by Sirote & Permutt, PC.
BUDGETARY IMPACT:
Due to the original owner encumbering the property, the full $23,194 is due to the CDBG Program. Trust Mortgage, LLC has offered $10,000 as a settlement offer. Fees expended on the mortgage foreclosure to date are estimated at approximately $7669. The single family residence is currently valued by Chris Jones' office at $36,704 (Exhibit IV).
LEGAL CONSIDERATIONS/SIGN-OFF:
The Board must determine whether to accept the settlement offer.
PERSONNEL:
Not applicable.
POLICY/REQUIREMENT FOR BOARD ACTION:
Not applicable.
IMPLEMENTATION/COORDINATION:
Not applicable.

Attachments
Ex I-Franko CDBG Mortgage
Ex II-8-4-16 BCC Action
Ex III-Winthrop Offer & Fee Summary
Ex IV-Winthrop ESCPA Summary

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved