|January 7, 2014 - Regular Meeting|
Agenda Item #11
Edward E. Robinson - Code Enforcement Case No. CE2011050273
Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854
Motion to approve Partial Release of Lien and authorize the Chairman of the Board of County Commissioners to execute Partial Release of Lien in Code Enforcement Case No. CE2011050273.
Motion to authorize the Clerk's Office to record Partial Release of Lien in Public Records of Manatee County, Florida.
Section 48.23, Florida Statutes (2013)
Below is a summary of Code Enforcement Case No. CE2011050273 against respondent Edward E. Robinson, regarding property located at 7316 St. Georges Way, Bradenton (DP#1919923605):
- This property has been through a foreclosure and sold to University Park Community Assoc Inc. and the fines were never satisfied. The first mortgage holder on the property is working with the HOA to acquire the property and cannot proceed with the closing as long as a claim of lien is on the property.
- An Amended Lis Pendens was filed in the foreclosure action on July 13, 2011. Once the Lis Pendens was filed, the unsecured swimming pool lien was filed after that date. This lien does not attach to the property and is unenforceable against the property. If we provide the new owner with a partial release of lien for this property, that will remedy the new owners problem with the title work and the closing can go through. This is a formality since the lien cannot be enforced against the new owners because they were not cited. The swimming pool was secured and is now in compliance.
- Subsection 48.23(1)(d), Florida Statutes (2013), states: "The recording of such notice of lis pendens, .... constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens."
- The Code Enforcement Division has prepared a Partial Release of Lien which releases the Order Imposing Fine as to the parcel of property that is now owned by University Park Community Assoc Inc., located at 7316 St. Georges Way, University Park. The lien created by the Order Imposing Fine, OR Book 2390, Page 1194, will remain in effect against any other real or personal property owned by Edward E. Robinson.
County Attorney Review
Formal Written Review (Opinion memo must be attached)
Explanation of Other
Instructions to Board Records
Please forward a stamped copy of agenda to Administrative Specialist Laurie Menard (firstname.lastname@example.org) in the Code Enforcement Division following disposition.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: BOCC Attachments 1-7-14 Robinson.pdf