Agenda 07/10/2018 Item #16D 507/10/2018
EXECUTIVE SUMMARY
Recommendation to approve seven (7) Satisfaction of Mortgages with a combined amount of
$116,740 for deceased homeowners who received State Housing Initiative Partnership (SHIP)
and/or U.S. Department of Housing & Urban Development (HUD) funds for Residential
Rehabilitation of their residential units.
OBJECTIVE: To support the affordability of housing in Collier County through the SHIP & HUD
Programs.
CONSIDERATIONS: The Community & Human Services (CHS) Division administers a wide range of
affordable housing programs that result in a mortgage or lien being placed on an assisted property. Such
programs include purchase assistance, rehabilitation of owner-occupied units, impact fee deferrals, and
other affordable housing programs.
On March 27, 2018, the Board of County Commissioners (Board) adopted Agenda Item 16D3 along with
Resolution 2018-58, establishing procedures for Lien Compliance for Affordable Housing programs
administered by CHS.
Paragraph 3(B)2 of Resolution 2018-58 states that in the case of death, if one spouse/owner is deceased,
and the surviving spouse/owner remains in the home, the County mortgage or lien will be deemed in
compliance until such time as the remaining spouse/owner triggers one of the other repayment
requirements. If both owners are deceased, then the mortgage or lien will be forgiven.
The following table provides details regarding the associated mortgages where the homeowners have
deceased, and a Satisfaction of Mortgage is required. The estate information was provided to the Property
Appraisers office as a requirement to add the estate language to the Property Summary page.
Approval of these items will authorize the Chairman to sign the Satisfaction of Mortgages, and the
executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the
County.
Program Deceased party Folio# OR/PG Mortgage
Amount
SHIP Rehab Alvarado EST, Dora, a
single woman, deceased
60205005400 4137/2700 $15,000
SHIP Rehab Bourroughs EST, Laura
aka Burroughs, Laura, a
single woman, deceased
74030840004 3970/3426 $15,000
SHIP Rehab Boylan EST, Lucille, a
single woman, deceased
63375000206 3505/2454 $15,000
HOME
Rehab
Gould EST, Gladys, a
single woman, deceased
74031320002 4369/3302 $27,990
SHIP Rehab Gould EST, Gladys, a
single woman, deceased
74031320002 3835/3223 $8,750
SHIP Rehab Murrell EST, Zadock, a
single man, deceased
65120240002 4292/0315 $30,000
SHIP Wilma Murrell EST, Zadock, a
single man, deceased
65120240002 4292/0345 $5,000
Total 116,740
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FISCAL IMPACT: There is no Fiscal impact associated with the Satisfaction of Mortgage. The $52.50
recording fee will be paid for the six (6) SHIP Grant Fund (791), Project 33525 and an $8.50 recording
fee to be paid by, HOME Grant Fund (705), Project 33535 for one (1) project.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To approve and authorize the Chairman to sign seven (7) Satisfaction of
Mortgages with a combined amount of $116,740 for deceased homeowners who received SHIP and/or
HUD Funds for Residential Rehabilitation of their residential units.
Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Satisfaction of Mortgage-Deceased 07.10.18 (PDF)
2. Mortgages SHIP-HOME (PDF)
3. -Resolution 2018-58 03272018 Item _16D 3 (PDF)
4. Backup Material Homeowners-Estate (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Doc ID: 5953
Item Summary: Recommendation to approve seven (7) Satisfaction of Mortgages with a
combined amount of $116,740 for deceased homeowners who received State Housing Initiative
Partnership (SHIP) and/or U.S. Department of Housing & Urban Development (HUD) funds for
Residential Rehabilitation of their residential units.
Meeting Date: 07/10/2018
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
06/14/2018 4:26 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
06/14/2018 4:26 PM
Approved By:
Review:
Community & Human Services Lisa Carr Additional Reviewer Completed 06/15/2018 4:54 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/18/2018 7:39 AM
Community & Human Services Leslie Davis Additional Reviewer Completed 06/18/2018 9:33 AM
Community & Human Services Kristi Sonntag Additional Reviewer Completed 06/19/2018 4:23 PM
Community & Human Services Cormac Giblin Additional Reviewer Completed 06/20/2018 8:48 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 06/21/2018 5:28 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/25/2018 4:00 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/26/2018 8:15 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/26/2018 10:12 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/26/2018 11:04 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/26/2018 4:51 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/27/2018 5:43 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/28/2018 1:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2018 5:19 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 10:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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Packet Pg. 1769 Attachment: Satisfaction of Mortgage-Deceased 07.10.18 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1770 Attachment: Satisfaction of Mortgage-Deceased 07.10.18 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1771 Attachment: Satisfaction of Mortgage-Deceased 07.10.18 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1774 Attachment: Satisfaction of Mortgage-Deceased 07.10.18 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1775 Attachment: Satisfaction of Mortgage-Deceased 07.10.18 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1776 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1777 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1778 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1779 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1780 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1781 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1782 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1783 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1784 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1785 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1786 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1787 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1788 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1789 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1790 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1791 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1792 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1793 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1794 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1795 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1796 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1797 Attachment: Mortgages SHIP-HOME (5953 : SHIP-Deceased Homeowners SFR)
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RESOLUTION NO. 18— 58 r o
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A RESOLUTION OF THE BOARD OF COUNTY 0 o rnv tocow
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
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ESTABLISHING PROCEDURES FOR LIEN r n Co
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COMPLIANCE FOR AFFORDABLE HOUSING D X1 D "0
PROGRAMS ADMINISTERED BY THE COLLIER o -13
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WHEREAS,it is the intent of the Board of County Commissioners of Collier
County, Florida, to increase the amount of affordable housing for its worker force
and residents, and encourage the retention of affordable housing in the County; and
WHEREAS, Objective 1 of the GMP's Housing Element states that the
County will seek to provide new affordable housing units in order to meet the
current and future housing needs of legal residents with very-low, low, moderate
and gap incomes, including households with special needs; and
WHEREAS, in order to address the housing needs of low, moderate, and
gap income persons the County receives funding from State Housing Initiatives
Partnership(SHIP) and U.S.Department of Housing&Urban Development(HUD)
and implements County-initiated programs including Impact Fee Deferral and
Affordable Housing Density Bonus programs; and
WHEREAS, in furtherance of the spirit and intent of Resolution No 2006-
252, this Resolution establishes specific procedures for ensuring compliance with
the liens and mortgages placed upon affordable housing properties and a procedure
to collect on non-compliant homeowners; and
WHEREAS, the SHIP Local Housing Assistance Plan (LHAP), HUD
HOME, Impact Fee Deferral and other programs have default and recapture
provisions for the properties they assist; and
WHEREAS, there is no mechanism in place to collect on non-compliant a
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Packet Pg. 1798 Attachment: -Resolution 2018-58 03272018 Item _16D 3 (5953 : SHIP-Deceased Homeowners SFR)
16D3
liens and mortgages other than foreclosure; and
WHEREAS, many of the noncompliance issues are due to death and
divorce; and
WHEREAS, some non-compliant homeowners have requested a repayment
plan; and
WHEREAS, the Board of County Commissioners wishes to establish a
procedure to ensure the continued compliance of all existing and future affordable
housing programs administered by the Collier County Community and Human
Services Division, and establish a collection procedure.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, as follows:
1. This Resolution implements the intent of Resolution No.2006-252 for
the Community and Human Services Division.
2. The foregoing Recitals are adopted as true and incorporated as part
of this Resolution.
3. The Board of County Commissioners' affordable housing lien
compliance policy, is adopted for immediate use, as follows:
A. Purpose/Scope:The purpose is to establish procedures to provide for
compliance of all State, Federal and locally funded affordable housing and
collection of same.
B. Applicability: These procedures apply to the compliance of all
qualified affordable housing agreements and their default and recapture.Affordable
homeowners did not contemplate divorce or death at the time of their mortgage or
lien. Community and Human Services policy regarding divorce and death is as
follows:
1) Divorce: In the case of divorce, when one party quit claim deeds their ownership
interest in the home to the other spouse it will not be considered a transfer, and the
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Packet Pg. 1799 Attachment: -Resolution 2018-58 03272018 Item _16D 3 (5953 : SHIP-Deceased Homeowners SFR)
16 D3
original owner remaining in the home with a County mortgage or lien will be deemed
in compliance until such time as he/she sells, refinances, converts housing to a rental
property, no longer maintains homestead exemption, or fails to occupy the home as a
primary residence or meets one of the other repayment triggering factors.
2) Death: In the case of death, if one spouse/owner is deceased and the surviving
spouse/owner remains in the home, the County mortgage or lien will be deemed in
compliance until such time as he/she sells, refinances, is no longer homesteaded, or
triggers one of the other repayment requirements. If both owners are deceased then the
mortgage or lien will be forgiven upon death of both parties.
3) All other compliance issues:
The CHS Grants Compliance Unit (GCU) will have 12-months to counsel the owners
to come into compliance with the requirements of the affordable housing agreements to
include mortgage, lien(s) and/or security instruments. After all efforts have been
exhausted to bring the owner(s), heirs, or authorized agents into compliance with the
requirements, the CHS Grants Compliance Unit will refer the non-compliant owner(s)
to a County approved collection agency to collect the debt in full or establish a
repayment plan between the owner and collection agency.
In accordance with Resolution No. 2006-252, after two (2)years of effort on the part of
the CHS staff and a collection agency to bring the owner(s) into compliance, the CHS
staff will prepare an Executive Summary and Resolution regarding past due receivables
and bring the matter to the Board of County Commissioners for their review and
determination to exhaust all other legal remedies such as foreclosure.
4.This Resolution is intended to clarify and not supersede existing program
requirements. If there is an express conflict between this Resolution and existing program
requirements, program requirements will prevail.
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Packet Pg. 1800 Attachment: -Resolution 2018-58 03272018 Item _16D 3 (5953 : SHIP-Deceased Homeowners SFR)
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THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same this a,-
14-4'
day of March, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER CO TY, FLORIDA
r._
opi1 2 By.
Attest as\6.chairmsoity Clerk Andy Solis,Chairman
signature only.
Approved as to form and legality:
Jennifer Belpedio c6
Assistant County Attorney
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Item#
Agenda 3 6--1- ($Date
Date I00``JJ162l%Redd
a
Deputy Clerk
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Packet Pg. 1801 Attachment: -Resolution 2018-58 03272018 Item _16D 3 (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1802 Attachment: Backup Material Homeowners-Estate (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1803 Attachment: Backup Material Homeowners-Estate (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1805 Attachment: Backup Material Homeowners-Estate (5953 : SHIP-Deceased Homeowners SFR)
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Packet Pg. 1806 Attachment: Backup Material Homeowners-Estate (5953 : SHIP-Deceased Homeowners SFR)