Agenda 09/10/2024 Item #16K3 To obtain Board's authorization for a representative of the Countys Attorney Office to bid on one property to be sold at foreclosure sale - Circuit Court Case No. 23-CA-3392)16. K.3
09/10/2024
EXECUTIVE SUMMARY
Recommendation to authorize a representative of the County Attorney's Office to bid on behalf of
the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER
COUNTY, FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an
amount not to exceed the value of the County's foreclosed lien interest (approximately $235,029.65).
OBJECTIVE: To obtain the Board's authorization for a representative of the County Attorney's Office
to bid on one property to be sold at foreclosure sale (currently set for November 21, 2024), as a result of a
Final Judgment of Foreclosure in favor of the County in Collier County, Florida v. Lee Vern Lambert, et
al, Circuit Court Case No. 23-CA-392.
CONSIDERATIONS: The County Attorney's Office filed a foreclosure action on December 14, 2023,
in relation to code enforcement liens imposed against real and personal property owned by Lee V.
Lambert.
On August 21, 2024, the court entered a final judgment of foreclosure in the County's favor, reciting a
total sum due of $229,161.39 under the lien, plus the sale fee, statutory interest, and the publication fee
for the Notice of Sale, and directing the Clerk to sell the Lambert property in Collier County to satisfy the
lien. A copy of the order is included in the backup materials for this item. The November 21, 2024,
public sale has been advertised and will be conducted in accordance with Florida law.
In the event the County obtains title to the property, there is a strong likelihood that the County will be
able to recoup all acquisition costs upon re -sale.
FISCAL IMPACT: Fiscal impacts include a $70 fee for the sale, $462.00 for the publication fee for the
Notice of Sale, $5,336.26 for statutory interest, plus the fee for the recording of title. This authorization
will allow the County to bid an amount not exceeding the value of the County's foreclosed lien interest
(currently $235,029.65). Funding for recording and related costs is available in the Code Enforcement
Cost Center within Unincorporated Area General Fund (1011).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - RTT
RECOMMENDATION: That the Board of County Commissioners (1) authorize a representative of
the County Attorney's Office to bid on the subject property as described herein; (2) accept and authorize
recording of title to the property, upon confirmation of the sale by the Clerk and issuance of a Certificate
of Title; (3) authorize staff to pay any fees, assessments, or expenses associated with the sale and
recording of the Certificate of Title; and (4) authorize staff to take necessary measures to maintain,
surplus, and sell the property in accordance with state and local laws.
Prepared by: Ronald T. Tomasko, Assistant County Attorney
ATTACHMENT(S)
1. Lambert Final Judgment (PDF)
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16. K.3
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doe ID: 29735
Item Summary: Recommendation to authorize a representative of the County Attorney's Office to bid on behalf
of the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY,
FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the
value of the County's foreclosed lien interest (approximately $235,029.65).
Meeting Date: 09/10/2024
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
08/16/2024 2:59 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
08/16/2024 2:59 PM
Approved By:
Review:
Growth Management Community Development Department Geoffrey Willig
County Attorney's Office
Contractor Licensing
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Ronald Tomasko Other Reviewer
Tim Crotts Other Reviewer
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson OMB Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Other Reviewer Skipped
09/04/2024 1:30 PM
Completed 09/04/2024 1:58 PM
Completed 09/04/2024 2:32 PM
Completed 09/04/2024 2:34 PM
Completed 09/04/2024 2:59 PM
Completed 09/04/2024 3:25 PM
Completed 09/04/2024 3:58 PM
09/10/2024 9:00 AM
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Filing # 205582937 E-Filed 08/26/2024 04:52:26 PM
16.K.3.a
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Plaintiff,
V.
Case No.: 23-CA-3392
LEE VERN LAMBERT GST EXEMPT SPECIAL MARITAL
TRUST; LEE VERN LAMBERT 2005 REVOCABLE TRUST;
HELEN TEDFORD LAMBERT, Trustee, Heir, and
Personal Representative; DUSTIN MYERS SHEPARD;
and any tenants / persons in possession; and any known and
unknown heirs, successors, assigns, devisees, grantees,
creditors, lienors, trustees, parties, and other unknown
persons or claimants or unknown spouses claiming an interest
by, through, and under, the above -named Defendants,
Defendants.
1
FINAL JUDGMENT FOR FORECLOSURE FOLLOWING DEFAULT
THIS ACTION came before the Court on August 21, 2024, on Plaintiff's Motion for Final
Judgment of Foreclosure Following Default, and the Court, having reviewed the pleadings,
affidavits, and other evidence of record, and having heard argument of counsel and being
otherwise fully advised in the premises, finds as follows:
1. Amounts Due. Plaintiff, COLLIER COUNTY, FLORIDA, is due:
A. CENA20210008684, Order OR 6031 PG 3592 recorded 10/26/21, Lien OR 6061
PG 278 recorded 12/22/21:
$209,600.00
Part C Weeds violation: Calculation $100/day fine from 10/9/2021 through 8/21/2024 (1,048
days) = $104,800.00
Part D Litter violation: Calculation $100/day fine from 10/9/2021 through 8/21/2024 (1,048
days) = $104,800.00
Fines continue to accrue until abatement is confirmed by code investigator.
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16.K.3.a
B. CEV20210008685, Order OR 6031 PG 3589 recorded 10/26/21, Lien OR 6061
PG 284 recorded 12/22/21:
$52,400.00
Calculation $50/day fine from 10/9/2021 through 8/21/2024 (1,048 days) = $52,400.00
Fines continue to accrue until abatement is confirmed by code investigator.
C.
Clerk's Filing Fee:
$990.00
D.
Lis Pendens Recording Fee:
$10.00
E.
Service of Process:
$663.55
F.
Notice of Action Publication Fee:
$847.75
G.
Title Search
$300.00
TOTAL:
$229,161.30
That shall bear interest from this date forward at the prevailing legal rate of interest, 9.34%_
Plaintiff shall also recover such further costs as may be incurred by the Plaintiff in this action,
including, but not limited to, the sale fee and publication fee of the Notice of Sale_
2_ Lien on Property_ Pursuant to § 162.09(3), Florida Statutes, these Orders
imposed an enforceable lien against the following property (the "Subject Properties"), described
s3m
Lot One (1-A), Block D, Goodland Isles Second Addition, according to the Plat
thereof, recorded in Book 8, Page(s) 19, of the Public Records of Collier County,
Florida_ a/k/a 660 Palm Ave, Goodland, Collier County, Florida_
The Court finds that service of process has been properly secured upon all Defendants and the
Court has jurisdiction over the parties and over the subject matter of this action. Plaintiff holds
liens for the total sum superior to all claims or estates of defendants LEE VERN LAMBERT
GST EXEMPT SPECIAL MARITAL TRUST; LEE VERN LAMBERT 2005 REVOCABLE
TRUST; HELEN TEDFORD LAMBERT, Trustee, Heir, and Personal Representative; DUSTIN
MYERS SHEPARD; and any tenants / persons in possession; and any known and unknown
heirs, successors, assigns, devisees, grantees, creditors, lienors, trustees, parties, and other
unknown persons or claimants or unknown spouses claiming an interest by, through, and under,
the above -named Defendants.
2
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16.K.3.a
3_ Sale of Property. If the total sum set forth in paragraph 1 with interest at the interest
rate prescribed by law and all costs of this action are not paid, the Clerk of this Court shall sell
the property at public sale on November 21, 2024 at 11:00A.M_, (a date no earlier than 60
days from the date of this judgment and no earlier than November 2024) to the highest
bidder for cash, except as prescribed Paragraph 4, on the 1st floor of the Courthouse Annex in
the Multipurpose Room in Customer Service, AT 3315 TAMIAMI TRAIL EAST,
NAPLES, COLLIER COUNTY, FLORIDA, 34112, in accordance with Section 45.031,
Florida Statutes.
4_ Costs. Plaintiff shall advance all subsequent costs of this action and shall be
reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property for sale,
provided, however, that the purchaser of the property for sale shall be responsible for the
documentary stamps payable on the certificate of title_ If Plaintiff is the purchaser, the Clerk
shall credit Plaintiff's bid with the total sum with interest and costs accruing subsequent to this
judgment or such part of it as is necessary to pay the bid in full_ If prior to the sale, Plaintiff shall
be required to advance any monies pursuant to the provisions hereof, then Plaintiff or its
attorneys shall so certify to the Clerk of this Court, and the amount due to Plaintiff as set forth in
paragraph 1 hereof shall be increased by the amount of such advances upon further order of the
Court. Plaintiff may assign its right to bid to a third party and, in that event, the Clerk of this
Court is hereby ordered and directed to issue the Certificate of Title to Plaintiffs assignee if
Plaintiff or its assignee is the successful bidder at the sale_
5_ Distribution of Proceeds. On filing the Certificate of Title, the Clerk shall
distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs
costs; second, documentary stamps affixed to the certificate; third, the total sum due to Plaintiff
less the items paid, plus interest at the rate prescribed in paragraph 1 hereof from this date to the
date of the sale; and by retaining any amount remaining pending the further order of this Court.
All sums to be disbursed to Plaintiff shall be made payable to Collier County Board of County
Commissioners, c/o Thomas Iandimarino, Division Director Code Enforcement, Growth
Management Department, 2800 N. Horseshoe Drive, Naples, Florida 34104_
6_ Right of Redemption/Right of Possession. Upon filing of the Certificate of Sale
by the Clerk of the Court, the Defendants and all persons claiming under or against Defendant(s)
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since the filing of the notice of Lis Pendens shall be foreclosed of all estate or claim in the
property and defendant's right of redemption as prescribed by section 45.0315, Florida Statutes
(2023) shall be terminated, except as to claims or rights under chapter 718 or chapter 720,
Florida Statutes, if any. Upon the filing of the Certificate of Title, the person named on the
Certificate of Title shall be let into possession of the property_ If any defendant remains in
possession of the property, the clerk shall without further order of the court issue forthwith a writ
of possession upon request of the person named on the Certificate of Title for the premises
located at 660 Palm Ave, Goodland, Florida, Collier County.
7_ Upon entry of this Judgment, the property as described in Plaintiff's Motion for
Final Judgment of Foreclosure Following Default, is hereby released from the liens described in
Paragraph 1, above.
8_ This Court retains jurisdiction of this cause for purposes of making all other
orders and judgments as may be necessary and appropriate herein, including, but not limited to,
writs of assistance determining claims to any surplus and granting such other relief as may be
appropriate. Section 162.09(3), Florida Statutes (2012), does not provide for entry of a
deficiency judgment in favor of the Plaintiff in the event that the proceeds of the sale of the
property are insufficient to pay the amounts due and owing Plaintiff pursuant to this Judgment.
Upon the filing of the Certificate of Title, Defendants shall relinquish possession of the Subject
Properties.
NOTICE PURSUANT§ 45.031, FLORIDA STATUTES
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL
MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO
BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK
NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS
UNCLAIMED_ IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS_ IF YOU ARE THE PROPERTY OWNER, YOU
MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A
LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN
YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO
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WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT, 3315
TAMIAMI TRAILEAST, NAPLES, FLORIDA 34112 (TELEPHONE: (239) 252-2646),
WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY
FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE
COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM
THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS
YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY
WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE
THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT
TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT
THE PROPER INFORMATION_ IF YOU CANNOT AFFORD TO PAY AN ATTORNEY,
YOU MAY CONTACT LEGAL AID SOCIETY OF COLLIER COUNTY, 4125 E. TAMIAMI
TRAIL, NAPLES, FLORIDA 34112, PHONE_ 239-775-4555, TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY
BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST
OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE COLLIER COUNTY BAR
ASSOCIATION LEGAL AID SOCIETY FOR ASSISTANCE, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
1 ` 11 • 111 `1'
Ramiro Manalich, Circuit Court Judge ua9SR2kC
11-2023-CA-003392-0001-XX 08/26/202416:52:14
Electronic Service List:
Ronald Thomas Tomasko<ronald_tomasko@colliercountyfl_gov>
Ronald Thomas Tomasko<rosa_villarreal@colliercountyfl_gov>
Ronald Thomas Tomasko<marian_rhyne@colliercountyfl_gov>
Sheri Malcolm <Sheri_Malcolm@colliercountyfl_gov>
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