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  County Administrator's Report     14. 10.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 10/03/2019  
Issue:    Surplus and Sale of County-Owned Property Located at 200 West Winthrop Avenue
From: STEPHAN HALL
Department: Asst County Administrator  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Surplus and Sale of County-Owned Property Located at 200 West Winthrop Avenue - Stephan Hall, Budget Manager, Management and Budget Services

That the Board take the following action concerning the surplus and sale of County-owned real property located at 200 West Winthrop Avenue:

A. Authorize the County Attorney's Office to take such action necessary to evict occupants of the County-owned property, if occupied;

B. Declare surplus the Board's real property at 200 West Winthrop Avenue, located in District 2; Account #: 08-3033-000; Reference #:  51-2S-30-7061-022-012; Property Appraiser's current assessed value:  $40,628;

C. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid, which will be set at the Property Appraiser's current assessed value. This property was sent through County departments and it has been determined that the County does not have a need for this property;

D. Authorize payment of the outstanding CDBG mortgage on this parcel, in the amount of $23,194, be recouped from any sale proceeds and be deposited in Fund 124 [Escambia Affordable Housing]. Any remaining proceeds will be deposited in the General Fund; and

E. Authorize the County Attorney's Office to prepare, and the Chairman to sign, all documents related to the sale of this property, without further action of the Board.
BACKGROUND:
On March 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 West 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.

Due to the owner encumbering the property, the full $23,194 is due to the Escambia County CDBG Program.

On August 4, 2016, after receiving written communication from Hipolito Santiago representing Trust Mortgage, LLC, requesting that the County consider an offer of $5,000 as an offer in compromise for release of the CDBG Mortgage, the Board voted to initiate foreclosure proceedings on the property (Exhibit II).

The foreclosure suit was filed on November 29, 2016, and on February 25, 2019, a Final Judgment of Foreclosure (Exhibit III) was issued in favor or the County for $23,194, plus attorney fees and costs.  A foreclosure sale was held on March 28, 2019, and no one bid above the judgment amount; therefore, the County acquired the property via a Certificate of Title (Exhibit IV) that was issued on April 9, 2019.

The buyer will be responsible for the payment of taxes, tax certificates, and any other liens on the property.
BUDGETARY IMPACT:
Proceeds from the sale of this property will pay the outstanding CDBG mortgage in the amount of $23,194 and will be deposited in Fund 124 [Escambia Affordable Housing].  Any remaining proceeds will provide revenue for the General Fund.
LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney's Office will prepare or approve all legal documents prior to execution by the Chairman.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Escambia County Code of Ordinances, Section 46.134
IMPLEMENTATION/COORDINATION:
N/A

Attachments
Information Package - 200 W Winthrop Avenue
Exhibit I - Franko Mortgage
EXHIBIT II - August 4, 2016 BCC Resume Page
EXHIBIT III - Final Judgment of Foreclosure
EXHIBIT IV - Certificate of Title

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