SUBJECT
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Authorize the filing of Foreclosure lawsuits against the following listed parties to foreclose various deferred mortgages that are in default: 1) Elizabeth Williams Estate, 2) Ernestine Roberson Estate, 3) Raymond Edward Johnson Estate, 4) Bernice Lopez Estate, 5) Bertha Hill Estate.
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DESCRIPTION
Housing & Neighborhood Development requested the County Attorney’s Office assistance in certain defaulted mortgages. The following Decedents entered Deferred Mortgage loans secured by Promissory Notes. Pursuant to the terms of the loans, the mortgagee must remain in the home for the term specified and remain current on property taxes and insurance. The mortgage is also binding upon the estate in the event of the mortgagee’s death.
1) Elizabeth Williams - HOME Deferred Mortgage and Security Agreement in the amount of $125,000.00, recorded on January 24, 2020, Book #11117, Page 1491, and the Modification HOME Deferred Mortgage and Security Agreement in the amount of $1,045.00, for a total sum of $126,045.00, recorded on April 28, 2020, Book #11219, Page 1068, secured by the property located at 165 Kirkland Park Street, Mulberry, FL 33860. Upon Ms. Williams death, there were still 10 years remaining on the mortgage and the estate has not complied with qualification.
2) Ernestine Roberson - SHIP Deferred Mortgage and Security Agreement in the amount of $95,074.00, recorded on August 18, 2017, Book #10238, Page 661, secured by the property located at 4370 Avenue Q, Auburndale, FL 33823. Upon Ms. Roberson’s death, there were still 7 years remaining on the mortgage and the estate has not complied with the requirements of probate or qualification.
3) Raymond Edward Johnson - SHIP Deferred Mortgage and Security Agreement in the amount of $117,592.00, recorded on July 24, 2019, Book #10916, Page 1202, and the Modification SHIP Deferred Mortgage and Security Agreement in the amount of $3,606.00, for a total sum of $121,198.00, recorded on December 18, 2019, Book #11079, Page 302, secured by the property located at 2425 Old Hwy. 60, Mulberry, FL. Upon Mr. Johnson’s death, there were still 6 years remaining on the mortgage and the estate has not complied with the requirements of probate or qualification.
4) Bernice Lopez - SHIP Deferred Mortgage and Security Agreement in the amount of $204,000.00, recorded on September 22, 2023, Book #12846, Page 530, and the Modification SHIP Deferred Mortgage and Security Agreement in the amount of $1,200.00, for a total sum of $205,200.00, recorded on March 22, 2024, Book #13050, Page 2212, secured by the property located at 17 Tom Sheffield Road, Frostproof, FL 33843. Upon Ms. Lopez’s death, there were still 12 years remaining on the mortgage and the estate has not complied with the requirements of probate or qualification.
5) Bertha Hill - SHIP Deferred Mortgage and Security Agreement in the amount of $92,440.00, recorded on April 13, 2018, Book #1054, Page 993, secured by the property located at 645 Midway Ave., Lake Alfred, FL 33850. Upon Ms. Hill’s death, there were still 7 years remaining on the mortgage and the estate has not complied with the requirements of probate or qualification, or paid property taxes.
RECOMMENDATION
Authorize the County Attorney’s Office to file foreclosure lawsuits against the estates of 1) Elizabeth Williams, 2) Ernestine Roberson, 3) Raymond Edward Johnson, 4) Bernice Lopez, and 5) Bertha Hill and take steps necessary to bring said lawsuits to final judgment or settlement in order to secure the County’s outstanding interests in the subject properties. In addition, authorize the Housing & Neighborhood Development Manager and/or the Housing & Neighborhood Development Administrative Supervisor, to represent the County in any court proceedings, including mediation, held in the action.
FISCAL IMPACT
Funds are budgeted and available in the General Fund.
CONTACT INFORMATION
Heather Bryan
Assistant County Attorney
863-534-6746