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County Attorney's Report 11. 1.

BCC Regular Meeting

Information

Meeting Date:	09/03/2020
Issue: Foreclosure Litigation Case Nos.: 2018 CA 001575 and 2019 CA 001226
From:	KRISTIN HUAL
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Bayview Loan Servicing, LLC v. Vanese D. Wright, et al.; Case No.: 2018 CA 001575, and U.S. Bank National Assoc. v. Estate of John R. Pfeiffer, et al.; Case No.: 2019 CA 001226.

That the Board accept the following information regarding the successful resolution of two foreclosure actions including Escambia County:

Escambia County was joined as a party in the matter of Bayview Loan Servicing, LLC v. Vanese D. Wright, et al. The Plaintiff sought to foreclose a mortgage interest on real property located at 1710 North Hayne Street. The County retained an interest in the property by virtue of an Escambia/Pensacola Impact Fee Proviso Mortgage and Security Agreement in the sum of $25,000.00 and an Affordable Housing Initiative New Construction PMR Mortgage and Security Agreement in the sum of $35,000.00. The County's interests were subordinate to the Plaintiff's mortgage interest. Following the entry of final judgment and the sale of the subject property, a surplus in the amount of $17,413.12 was retained by the Clerk of the Circuit Court and Comptroller. The County timely filed a Motion for Disbursement of Surplus Funds. By order dated August 19, 2020, the Court granted the County's motion and ordered disbursement of the surplus funds held in the court's registry totaling $17,413.12 as partial satisfaction of the County's interest.

Escambia County was joined as a party in the matter of U.S. Bank National Assoc. v. Estate of John R. Pfeiffer, et al. The Plaintiff sought to foreclose a mortgage interest on real property located at 1715 West Intendencia Street. The County retained an interest in the property by virtue of an Escambia/Pensacola Affordable Housing Initiative New Construction HHRP Mortgage and Security Agreement in the sum of $50,000.00. The County's interest was subordinate to the Plaintiff's mortgage interest. Following the entry of final judgment and the sale of the subject property, a surplus in the amount of $52,648.40 was retained by the Clerk of the Circuit Court and Comptroller. The County timely filed a Motion for Disbursement of Surplus Funds. By order dated August 24, 2020, the Court granted the County's motion and ordered disbursement of a portion of the surplus funds held in the court's registry totaling $50,000.00 as full satisfaction of the County's interest.

BACKGROUND:

N/A

BUDGETARY IMPACT:

The funds totaling $67,413.12 will be deposited in the Escambia County SHIP Affordable Housing Trust Fund.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Order - Case No.: 2018 CA 001575
Order - Case No.: 2019 CA 001226