Agenda 06/11/2024 Item #16D 1 (Chairman to sign six mortgage satisfactions for the SHIP, loan program - due to the death of the borrower)06/11/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the chairman to sign six (6) mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the amount of $88,476.83 due to the death of the
borrower(s). (SHIP Grant Fund 1053)
OBJECTIVE: To support the County’s community development objectives to support comprehensive affordable
housing opportunities through down payment and emergency repair and/or rehabilitation assistance programs funded by
the State Housing Initiatives Partnership (SHIP).
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing
program, offers assistance to first-time homebuyers for use toward a portion of the required down payment and
emergency repairs to the newly acquired home, and rehabilitation assistance to homeowners for rehabilitation to their
homesteaded property. As a condition of award, the homeowner must repay the assistance provided upon sale,
refinance, or loss of homestead exemption.
Resolution No. 18-58 provides that in the event of the death of the borrowers, all debts will be forgiven for all
affordable housing programs administered by Collier County Community and Human Services Division (“CHS”).
The Death Certificate for the deceased has been provided to CHS.
The following table provides details regarding the associated mortgages that have been forgiven due to the
borrower’s death. There are no outstanding County Wide Impact Fees for the clients listed below. As such,
satisfactions of mortgage are required.
File # Name Reason
for Payoff
Public Record Mortgage
Amount
Payoff
Amount
16-037R Viola Preston Deceased OR 5623/PG 2597
Modification OR
5999/PG 670
$39,026.83* $0.00
09-091 Monique Perezmarini Deceased OR 4439/PG 1119 $4,200.00 $0.00
00-386 Helen Denise Davis Deceased OR 2681/PG 1103 $2,500.00 $0.00
08-086 Lucia Noel Deceased OR 4395/PG 3127 $23,250.00 $0.00
03-062R Juan Jose Alvarez &
Maria Olga Alvarez
Deceased OR 3320/PG 0816 $15,000.00 $0.00
09-380 Rosalinda Garcia Deceased OR 4693/PG 2791 4,500.00 $0.00
Total $88,476.83 $0.00
*The total amount stated on the mortgage was $55,000.00, however, the client only received $39,026.83 in Owner-
Occupied Rehabilitation as listed on the Mortgage Modification Agreement.
Approval of these items will authorize the Chairman to sign the aforementioned mortgage satisfactions and the
executed documents shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: There is no Fiscal impact upon the borrower’s death, as the funds are forgiven, and the lien is to
be released. The $10 recording fee for the six mortgage satisfactions Preston, Perezmarini, Davis, Noel, Alvarez and
Garcia will be paid from the SHIP Grant Fund (1053), Project 33863.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
approval.-
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To approve and authorize the chairman to sign six (6) mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the amount of $88,476.83 due to the death of the borrower(s).
(SHIP Grant Fund 1053)
16.D.1
Packet Pg. 1476
06/11/2024
Prepared By: Michelle Rubbo, Grants Support Specialist II, Community & Human Services Division
ATTACHMENT(S)
1. 6.11.24 Revised SOMS (6) (PDF)
2. 6.11.24 SHIP SOMs Death Revised Backup (PDF)
3. Resolution 2018-058 Compliance Deceased (PDF)
16.D.1
Packet Pg. 1477
06/11/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 28459
Item Summary: Recommendation to approve and authorize the chairman to sign six (6) mortgage satisfactions for
the State Housing Initiatives Partnership loan program in the amount of $88,476.83 due to the death of the
borrower(s). (SHIP Grant Fund 1053)
Meeting Date: 06/11/2024
Prepared by:
Title: – Community & Human Services
Name: Michelle Rubbo
04/02/2024 9:19 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
04/02/2024 9:19 AM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 04/11/2024 3:17 PM
Community & Human Services Vanessa Collier PSD Reviewer Completed 04/11/2024 3:49 PM
Community & Human Services Dharam Nohar PSD Reviewer Completed 04/12/2024 9:07 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 04/15/2024 2:24 PM
Public Services Department Todd Henry Level 1 Department Review Completed 04/17/2024 10:47 AM
Grants Erica Robinson Level 2 Grants Review Completed 04/17/2024 2:41 PM
Public Services Department Geoffrey Willig PSD Department Head Review Skipped 05/01/2024 12:44 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/01/2024 10:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/02/2024 8:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2024 9:10 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 05/02/2024 9:55 AM
Grants Therese Stanley OMB Reviewer Completed 05/31/2024 6:03 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/03/2024 9:10 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
16.D.1
Packet Pg. 1478
16.D.1.a
Packet Pg. 1479 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.a
Packet Pg. 1480 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.a
Packet Pg. 1481 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.a
Packet Pg. 1482 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.a
Packet Pg. 1483 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.a
Packet Pg. 1484 Attachment: 6.11.24 Revised SOMS (6) (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1485 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1486 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1487 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1488 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1489 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1490 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1491 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1492 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1493 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1494 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1495 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1496 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1497 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1498 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1499 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1500 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1501 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1502 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1503 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1504 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1505 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1506 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1507 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
16.D.1.b
Packet Pg. 1508 Attachment: 6.11.24 SHIP SOMs Death Revised Backup (28459 : SHIP Satisfactions Of Mortgage)
rrnnOogrn00,
RESOLUTION NO. 18— 58 O
4ftrcs 0 -1
A RESOLUTION OF THE BOARD OF COUNTY 0 rn w
0 co
C ,D -. A
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Z °V, 0
m CJI
ESTABLISHING PROCEDURES FOR LIEN r 0 CO A
OriZ1
rn ACOMPLIANCEFORAFFORDABLEHOUSINGDMD O
PROGRAMS ADMINISTERED BY THE COLLIER o v g
COUNTY COMMUNITY AND HUMAN SERVICES rn rn
DIVISION. 2
A
RECITALS:
0
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
16.D.1.c
Packet Pg. 1509 Attachment: Resolution 2018-058 Compliance Deceased (28459 : SHIP Satisfactions Of Mortgage)
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
16.D.1.c
Packet Pg. 1510 Attachment: Resolution 2018-058 Compliance Deceased (28459 : SHIP Satisfactions Of Mortgage)
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.
16.D.1.c
Packet Pg. 1511 Attachment: Resolution 2018-058 Compliance Deceased (28459 : SHIP Satisfactions Of Mortgage)
THIS RESOLUTION ADOPTED after motion, second, and majority vote
favoring same this a..
14h
day of March, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT, . BROCK, CLERK COLLIER CO TY, FLORIDA
Y. By: A//4"
Attest as'to'Chtirhdty Clerk Andy Solis,Chairman
signature only.
Approved as to form and legality:
Jennifer Belpediocb
Assistant County Attorney 3\
0
16.D.1.c
Packet Pg. 1512 Attachment: Resolution 2018-058 Compliance Deceased (28459 : SHIP Satisfactions Of Mortgage)