Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 12, 2014
August 12, 2014 - Regular Meeting
Agenda Item #22

Default on SHIP Note and Mortgage


Contact and/or Presenter Information
Suzie Dobbs/3937

Action Requested
Authorization for County Attorney to sue on default of SHIP Note and Mortgage held by Frank and Michelle Rizzolo.

Enabling/Regulating Authority
11.1.4. Efficiency in Service Delivery

Background Discussion

On February 15, 2007, Manatee County awarded Frank and Michelle M. Rizzolo thirty-five thousand dollars ($35,000) in FY 2004-2005 SHIP Housing Rehabilitation funding assistance to address code related repairs to their home located at 2524 32nd Avenue East, Bradenton, Florida 34208.

On July 25, 2014, Jorge Martelo, Code Enforcement Officer with the Building and Development Services Department, performed an inspection of the unit and also spoke with adjacent neighbors in the neighborhood.  Per his inspection, the house appears to have been vacated by the SHIP recipients and per his discussion with adjacent neighbors, no one has lived in the residence over the past 2 years.

In review of the Tax Collectors records, it appears that the taxes have been paid to date and Frank Rizzolo is now residing at 4840 48th Street West, Apt. 604, Bradenton, Florida 34210. 

In review of Manatee County utilities, it appears that Michelle M. Douglas (fka Michelle M. Rizzolo) is now residing at 2316 North Wellesley Drive, Bradenton, FL 34207.  Payment of utilities have not been made since May 15, 2008, and the current balance on the account is $2,129.88

Pursuant to the Deferred Promissory Note executed on February 15, 2007, if Frank and Michelle M. Rizzolo should default on any superior mortgages, or sell or otherwise transfer, lease, vacate, or abandon the residence, all sums secured under the note and mortgage shall be immediately due and payable to Manatee County.

Based on the abandonment of the property by Frank and Michelle M. Rizzolo, staff is recommending that the Board of County Commissioners authorize the County Attorney to sue on the default of the Deferred Promissory Note.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Staff has met with Mr. Jim Cooney of the County Attorneys' Office as to proper procedure to follow in this instance.

Reviewing Attorney

Instructions to Board Records
Please return a stamped copy of Agenda Memorandum to Suzie Dobbs (suzie.dobbs@mymanatee.org), Neighborhood Services Department.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Rizzolo Note and Mortgage.pdf
Attachment:  Inspection of Rizzolo Property.pdf
Attachment:  Rizzolo Property Tax Verification.pdf
Attachment:  Rizzolo Utility Verification.pdf