SUBJECT
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Adopt resolution authorizing the County Attorney's Office to file foreclosure actions when uncured defaults of payment or other obligations exist under housing assistance and similar agreements secured by a mortgage, and to take all steps necessary to bring such lawsuits to final judgment or settlement to secure the County's interests.
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DESCRIPTION
Housing & Neighborhood Development ("HND") provides housing assistance to qualified residents through the following state programs: State Housing Initiatives Partnership Program, HOME Investment Partnerships Program, and Community Development Block Program, each of which require recipients to grant the County a mortgage which secures performance of the particular program's requirements. While the exact terms and qualifications of each mortgage may differ, they all require that the mortgagor 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 mortgagor's death.
When a mortgage is flagged for not being in compliance with the program requirements, an HND Asset Recovery Specialist is notified, and the Asset Recovery Process is initiated. HND requests the County Attorney's Office assistance when the last resort is to initiate foreclosure proceedings. The County Attorney's Office will only proceed with foreclosure proceedings when the HND Asset Recovery Process has been exhausted, and all notices of default have been provided pursuant to Florida statute.
RECOMMENDATION
1. Authorize the County Attorney's Office to file foreclosure actions when uncured defaults of payment or other obligations exist under housing assistance and similar agreements secured by a mortgage, and to take all steps necessary to bring such lawsuits to final judgment or settlement to secure the County's interests.
2. Authorize the Housing & Neighborhood Development Manager and/or Housing & Neighborhood Administrative Supervi...
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