|January 28, 2014 - Regular Meeting|
Agenda Item #13
Frederick J. Fentross and Margaret L. Fanelli - Code Enforcement Case No. CE2011120248
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. CE2011120248.
Section 48.23, Florida Statutes (2013)
Below is a summary of Code Enforcement Case No. CE2011120248 against respondents Frederick J. Fentross and Margaret L. Fanelli regarding property located at 5722 31st Court East, Bradenton (DP#1773002157):
- This property has been through a foreclosure and sold to Colfin AI-FL 2 LLC and the fines were never satisfied. The new mortgage holder is trying to sell the property but unable to do so as long as a claim of lien is on the property.
- A Lis Pendens was filed in the foreclosure action on February 21, 2012. 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 Colfin AI-FL 2 LLC located at 5722 31st Court East, Bradenton. The lien created by the Order Imposing Fine, OR Book 2416, Page 6216, will remain in effect against any other real or personal property owned by Frederick J. Fentross and Margaret L. Fanelli.
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 1-28-2014 Fentross.pdf