Agenda 06/28/2016 Item #16A16 6/28/2016 16.A.16.
n
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$24,712.29 for payment of $3,000 in the code enforcement action entitled Board of County
Commissioners v. NAAC Mortgage Pass-through CT, Code Enforcement Board Case No.
CESD20130000703 relating to property located at 1109 Palm Drive,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code
enforcement lien with an accrued value of $24,712.29 for payment of$3,000 in relation to the Code
Enforcement Board Case No.CESD20130000703.
CONSIDERATIONS: As a result of a code violation at 1109 Palm Drive, consisting of a detached
garage and a wooden stockade type fence, failing to receive inspections and a Certificate of
Occupancy/Completion. The Code Enforcement Board ordered the imposition of a lien against NAAC
Mortgage Pass-through CT, in Case No. CESD20130000703. The lien was recorded in the Official
Records on December 10,2013, at O.R. Book 4990,Page 2921. The lien amount of$24,600 is based on
a total of 123 days of accrued fines(at$200 per day from October 7,2013 through February 6,2014)plus
$112.29 in operational costs. The proper building and demolition permits were obtained and the
certificate of completion.The property was brought into compliance on February 6,2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. The property is being actively maintained and the owner
has paid$3,000 in settlement of fines. The owner is requesting a waiver of$21,712.29 in accrued fines,
see attached hardship letter as required.
FISCAL IMPACT: Payment of$3,000 has been made, representing$2,887.71 in fines and$112.29 in
operational costs. If approved by the Board,accrued fines in the amount of$21,712.29 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board's
policy contained in Resolution 2012-46. -KN
RECOMMENDATION: To waive the fines in the amount of$21,712.29, accept payment amount of
$3,000, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division, Growth Management
Department
Attachments:
1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
Packet Page-738-
6/28/2016 16.A.16.
[16-CED-01134/1258346/1]
Packet Page-739-
6/28/2016 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$24,712.29 for payment of$3,000 in the code enforcement action entitled
Board of County Commissioners v. NAAC Mortgage Pass-through CT, Code Enforcement Board
Case No. CESD20130000703 relating to property located at 1109 Palm Drive, Collier County,
Florida.
Meeting Date: 6/28/2016
Prepared By
Name: BuchillonHelen
Title: Customer Service Specialist,Code Enforcement
5/24/2016 2:49:07 PM
Approved By
Name: OssorioMichael
Title:Division Director-Code Enforcement,Code Enforcement
Date: 5/24/2016 3:26:59 PM
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforcement
Date: 5/24/2016 4:57:22 PM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 5/26/2016 4:28:22 PM
Name:PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:22:35 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:23:24 PM
Name:NoellKevin
Packet Page-740-
6/28/2016 16.A.16.
Title:Assistant County Attorney,CAO General Services
Date: 5/31/2016 11:58:24 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/1/2016 10:58:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2016 8:35:27 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:13:16 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/16/2016 11:05:55 AM
Packet Page -741-
6/28/2016 16.A.16.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
NAAC Mortgage Pass-through CT,
Respondent
The lien was recorded on December 10, 2013, in Official Records Book 4990, Page 2921, in
the Official Records of Collier County, State of Florida. The lien secures the principal sum of
twenty four thousand seven hundred twelve dollars and twenty nine cents ($24,712.29), plus
accrued interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20120017981
Packet Page -742-
INSTR 4922150 OR 4990 PG 2921 RECORDED 12/10/2013 9:06 AM PAGES 2 6/28/2016 16.A.16.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD20130000703
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
NAAC MORTGAGE PASS-THROUGH CT,
Respondent.
CO
ORDS'A!1, TRATE
yes'OSING FINES/L141.7.
THIS CAUSE came . for. th-• . is ag -'.':e for .011 hearing upon the Petitioner's
Motion for Imposition of Fine. i• o --•'.er I . .n• + e .- ial Magistrate, having heard
argument respective to alt ap.rop . e , e - 4� . r in'ings of Fact and Order of the
Special Magistrate,as follows 1 \
r;.i\ FINDINGS OF CT
1. On September 6,2013,R•,,. .-nt was found guilty.• c1 tQ n of Collier County Land
Development Code 04-41,a •: d,Section 10.1 .1 t'a )(a)for failing to receive
inspections and Certificate of ti, uprc i1.• .1 ii•, .reviously issued permits for a detached
garage and a wooden stockade type • • . ation occurred on the property located at
1109 Palm Drive,Immokalee, FL, Folio#79640006(Legal Description:32 46 29 COMM SW
CNR OF SE 1/4 OF NW 1/4 OF SEC,NLY 251.26FT POB,N1 l4FT,E185 .35FT,SLY 114FT,
W185.22 FT).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 6,2013,or a fine of$200.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 4966,PG 2120).
3. Operational costs of$112.29 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
Packet Page -743-
*** OR 4990 PG 2922 *** 6/28/2016 16.A.16.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.2010-04,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$200.00 per day are assessed against Respondent for 40 days for the period from
October 7,2013 to November 15,2013,for a total amount of fines of 8,000.00.
C. Respondent shall pay the previously assessed operational costs of$112.29.
D. Respondent is ordered to pay fines and costs in the total amount of$8,112.29 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
E. The daily fine of$200.00 shall c nik ac t atement has been confirmed by a Collier
County Code Enforcement IL.
C.'/ ✓—
/
DONE AND ORDERED this o -`r' `
I t C` Mier County,Florida.
. - Ir. „v_.! . it`d,ODE ENFORCEMENT
`,,,n SPEC •4:, • I• �'4 TE
i ( . OF i
. , ►AC.G ON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax#
(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
State of Florida
County of COLLIER.`.=;= < ,
cc: Respondent—NAAC Mortgage Pass-Through CT
Collier Co.Code Enforcement Dept 1 HEREBY CI FFI, AT this.is S,true and'
correct co tif.a FbcUrnent on fitei/ri • •
Board Mi u$$es.prI ecordsoI.Colli6r.County
WITNESS m 'end:and'officia!seak.this
14day of'. •.9`'Qt'�a°
( WIGHT E.BROCK CE RRK OF.COURTS
Packet Page -744--lithv<
INSTR
49BROCK, CLERK OF
1681 OR 4966 GTHE2CCIRCUICOURTRECORDED
COLLIERCOUNTYFLORIDA
11:46
PAGES 3 6/28/2016 16.A.16.
DWIGHT E.
REC $27.00
COLLIER COUNTY CODE ENF9RCEMENT
SPECIAL MAGISTRATE
Case No.--CESD20130000703
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
NAAC MORTGAGE PASS-THROUGH CT,
Respondent,
•
ORDER ) 'itp!, di st;g�S�,�. STRATE
THIS CAUSE came olic hearing before the .-cia Magistrate on September 6,2013,
and the Special Magistrate, h. ing ard-testimony underoath, -cei -d evidence and heard argument
respective to all appropriate/matt rs, ifettlitr ' ues its finding of\Fact and Order of the Special
Magistrate,as follows: • �; _
V
!,KO ft)
1 NM/ ..M.. -
1. Respondent,NAAC' '. :age Pass-Through I - o . the subject property.
•
2. Respondent was notifi-. .• +:a date of hearing by c •. 0:6 and posting and the Special
Magistrate has jurisdictio• • . matter.
3. Respondent,having been duly n. `z,fifice tt!:u-: at the hearing.
4. The real property located at 1109 Palm Drive,Itmnokalee,Florida,Folio#79640006(Legal
Description:32 46 29 COMM SW CNR OF SE 1/4 OF NW 1/4 OF SEC,NLY 251.26FT POB,
NI I4FT,E185 .35FT,SLY 114FT,W185.22 FT ),is in violation of Collier County Land
Development Code 04-41,as amended,Section 10.02.06(B)(1)(a),in the following particulars:
Owner failed to receive inspections and Certificate of Completion/Occupancy on previously issued
permits for a detached garage and a wooden stockade type fence.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is
hereby ORDERED:
Packet Page -745-
OR 4966 PG 2121 6/28/2016 16.A.16.
A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as
amended,Section 10.02.06(BX1)(a).
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permit,inspections,and certificate of completion/occupancy on or before October 6,
2013,or a fine of$200.00 per day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violation using any method to bring the violation into compliance.If necessary,
the County may request the services of the Collier County Sheriffs Office for the purpose
of accessing the property for abatement. All costs of abatement shall be assessed against the
property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.29 on or before October 6,2013.
E. Respondent shall notify the Code , .,r •` e. o•:: '_ator,Maria Rodriguez,within 24 hours of
abatement or compliance so t 14 'A.•4,M n , I,erformed to confirm compliance.
( V
DONE AND ORDERED thi . r�Amilli 2013 :t 11ier County,Florida.
�C a
:7 E C DE ENFORCEMENT
„k"
\ti.
�is1 4j
RENDA C. •MrTSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239)252-2343.Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit
Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing
de novo,but shall be limited to appellate review of the record created within the original hearing. It is
the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s)—NAAC Mortgage Pass-Through CT
Collier Co.Code Enforcement Dept.
Packet Page -746-
*** OR 4966 PG 2122 *** 6/28/2016 16.A.16.
State of Florida
County of COLLIER
I HEREBY CERTIFY-THAT this is a true and
correct copy_'of`aafetu 6n%' -
Boardtvtirnitss%ndikecorddf ttietCounty
LI E,S>fy fie d•a d'oft'iciarseilchis ,
day-a.0 N?t
D, GHT •`SRL, -LERK Of COt1 '�
RTS
7tR CpUU
4 v)„\\\r
CC
v pi(
,.._,
7.,_ _
...,
��TSE CIRL�\-t
Packet Page -747-
6/28/2016 16.A.16.
Burgosiliana
From: Sue King <Sue.King@stewart.com>
Sent: Thursday,April 21,2016 4:38 PM
To: BurgosIliana
Subject: 1109 Palm Drive
Attachments: 20160421163625639.pdf
Good Afternoon,
The above described property is a bank-owned foreclosure that is now in compliance. The bank received certificate of
title 12/18/2012 but the prior owner fought the foreclosure and motioned to vacate the sale. This went on with the
court system until September 2015.
The bank foreclosed on$207,692.52 and has spent over$86,000 in repairs,property preservation and
maintenance. The home is in contract for$162,000 and is being sold as a homestead property.
We are requesting a reduction of fines due to the substantial amount of funds that were put into the property as well as
the legal issues that kept the property in limbo until late 2015.
I have attached some a copy of the lis pendens,CT,and final judgment as well as a copy of the court case and my POA.
Please let me know if there is anything else you need.
Thank you for your help in this matter,
Sue King
Client Financial Negotiator—Code Mitigation
Stewart Title Company
12800 University Drive,Suite 360
Fort Myers,Florida 33907
0(239)204-3089 I M(239)691-2884
stewart.com(sue.king@stewart.com
St art
Real partners,Reel possibilities."4
NYSE:STC
Internet email confidential notice:This email message is for the sole use of the intended recipient(s)and may contain confidential information.Any unauthorized
review,t.se,disclosure or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply email and destroy all copies of the
original message.The information contained within or attached to this email is considered Stewart Lender Services confidential information.
1
Packet Page -748-
6/28/2016 16.A.16.
�. . .;. •:v,.4:''e:"•ti.'" L �.+ tL. r.hG)
•
.���.IL7W�.! 3 i' S ti �'y'l�w�•:Y��:;'�.yr�r +� ,.. .._•
,✓"""
1 v! •S vl w`•�Y 4: d•
PRIG, -����:. -i°• .^Y ��;y �� �, �.
ASSET` SERVICES
•
•
To whom it may concern;
Please be advised that Sue King is authorized as an agent for Wells Fargo Bank National •
Association, successor to Wells Fargo Home Mortgage, doing business as Premier Asset
Services for itself or its clients on matters related to any code violations and related issues.
This includes but is not limited to attending hearings and negotiating settlements of fines and
liens.
Thank you,
•
Janene Brennan
Vice President Loan Documentation
•
•
State of Iowa
County of Polk
•
Sworn to me before this 201'day of May, 2015 by Janene Brennan,who is personally known to
me.
•
......Vtht
• MIKE HUDSON
• 514' Commission Number 766657
,t,pi►:a�� My Commission' fires
01" 0 /4,ft,. row►• March 24,2Cr17
i fp
E• j WEL S 12
tSA-t FARGO -F 2,7
Packet Page -749-
necora ana return to: 6/28/2016 16.A.16.
- Wells Fargo Bank,N A... ._...... ................_.._.__........._._.................................._.__.__........_
Attn: MAC X3800-027
8480 Stagecoach Circle
Frederick,MD 21701
LIMITED POWER OF ATTORNEY
HSBC BANK USA,NATIONAL ASSOCIATION,AS TRUSTEE(hereinafter called` Trustee")hereby appoints
Wells Fargo Bank,National Association(hereinafter called"Wells Fargo Bank,National Association"),as its true
and lawful attorney-in-fact to act in the name, place and stead of Trustee for the purposes set forth below. Wells
Fargo Bank,National Association is the Servicer for many securitizations pursuant to the applicable Pooling and
Servicing Agreements for each securitization (the "Agreements," see Exhibit A attached for a listing) now in
existence and that will be formed from time to time.
The said attorneys-in-fact,and each of them,are hereby authorized,and empowered,as follows with respect to the
loans,mortgages,and properties securitized pursuant to the Agreements:
1. To execute, acknowledge, seal and deliver deed of trust/mortgage note endorsements, lost note affidavits,
assignments of deed of trust/mortgage and other recorded documents,satisfactions/releaseslrecottveyances of deed of
trust/mortgage, subordinations and modifications, tax authority notifications and declarations, deeds, bills of sale,
and other instruments of sale, conveyance, and transfer, appropriately completed, with all ordinary or necessary
endorsements,acknowledgments,affidavits,and supporting documents as may be necessary or appropriate to effect
its execution,delivery,conveyance,recordation or filing.
2. To execute and deliver insurance filings and claims,affidavits of debt,substitutions of trustee,substitutions
of counsel,non-military affidavits,notices of recission,foreclosure deeds,transfer tax affidavits,affidavits of merit,
verifications of complaints, notices to quit,bankruptcy declarations for the purpose of filing claims and motions to
lift stays, and other documents or notice filings on behalf of Trustee in connection with insurance, foreclosure,
bankruptcy and eviction actions.
3. To endorse any checks or other instruments received by Wells Fargo Bank,National Association and made
payable to Trustee.
4. To pursue any deficiency,debt or other obligation,secured or unsecured,including but not limited to those
arising from foreclosure or other sale, promissory note or check. This power also authorizes Wells Fargo Bank,
— National Association to collect,negotiate or otherwise settle any deficiency claim, including interest and attorney's
fees.
S. To do any other act or complete any other document that arises in the normal course of servicing.
Dated: l` , c7-.ol.1.> HSBC BANK USA,NATIONAL ASSOCIATION,
AS TRUSTEE
Witness:
Namee: Est edding ID#21324
J `�— Title: Vice President
Namh on Chu Khan
Name. a ra Ng 414
State of_Jew York ), County of New Y rrJ )
0n the 8th day of April in the year 2016 before me, the undersigned, personally appeared Estelle A. Redding,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)
is (are) subscribed to the within instrument and acknowledged to ine that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s)acted,executed the instrument.
NOTARY STAMP
dir
� JANE YANG
My COS z t xpi
tres: No.01 YA8283112
Notary Public,State or New York
Qualified In New York County
My Commission Expires 05/28/2017
` • • • CTED
Packet Page -750-