Agenda 10/28/2014 Item #16D 610/28/2014 16.D.6.
EXECUTIVE SUMMARY
Recommendation to grant an exception to the suspension of the Short Sale Policy for a satisfaction
of mortgage for State Housing Initiatives Partnership Program loan, accepting $1,500 to satisfy the
$15,000 value of the initial mortgage.
OBJECTIVE: To support the affordability of housing in Collier County through down payment and
emergency repair and /or rehabilitation assistance programs.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing grant, offers assistance to first -time homebuyers for use toward a portion of the required down
payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner
must repay the assistance provided upon sale, refinance or loss of homestead exemption.
On February 28, 2012, the Board approved a Short Sale Policy for the SHIP program (Agenda Item
16137). The Short Sale Policy provides a settlement amount toward the down payment assistance in the
amount of 6% of the Collier County loan amount or $6,000 (whichever is less but never less than $500) in
an effort to facilitate a Short Sale. The recipient, as the seller of the property, must not receive funds from
the short sale.
On May 13, 2014, the Board suspended the Short Sale Policy (Agenda Item 16DII). Staff is seeking
permission to allow a short sale for a homeowner who can no longer afford to live in her home. The
property is currently in foreclosure. The first mortgage holder, United States Department of Agriculture
(USDA), has accepted a short sale settlement; however the sale cannot proceed without Collier County
approving the short sale. USDA's letter of approval is back -up to this item. Collier County is being
offered 10% of the original loan amount, which is more than the 6% requirement set forth in the
suspended Short Sale Policy. All of the other terms and conditions of the suspended policy would apply.
The following table contains relevant details. The recipient will receive no funds from the short sale as
evidenced by the preliminary HUD 1.
Recipient Name
First Mortgage
First Mortgage
SHIP Mortgage
Payoff Amount of
Public Record &
Accepted Payoff
Public Record &
the second
date of mortgage
HUD1 Line
date mortgage
mortgage HUDI
signed
504/505
signed
Line 505/508
Helena Houston
$112,561
$43,075
$15,000
$1,500
OR:1572/PG:1976
OR:2880/PG:1499
11/13/1990
08/23/2001
Approval of this item will authorize the Chairman to sign the satisfaction of mortgage for recording in the
Public Records of Collier County, Florida.
FISCAL IMPACT: The repayment amount of $1,500 will be considered program income and will be
deposited in SHIP Grant Fund (791), Project No. 33331. Such funds may be reused for eligible SHIP
program activities. The $10 recording fee will be paid by the recipient.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
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10/28/2014 16.D.6.
RECOMMENDATION: The Board of County Commissioners approves an exception to the suspension
of the Short Sale Policy and authorizes the Chairman to sign a satisfaction of mortgage, accepting $1,500
to satisfy the mortgage for an owner - occupied affordable housing unit.
Prepared Bv: Mandy Moody, Grant Support Specialist, Community and Human Services
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10/28/2014 16.D.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.6.
Item Summary: Recommendation to grant an exception to the suspension of the Short
Sale Policy for a satisfaction of mortgage for State Housing Initiatives Partnership Program loan,
accepting $1,500 to satisfy the $15,000 value of the intial mortgage.
Meeting Date: 10/28/2014
Prepared By
Name: MoodyMandy
Titre: Grants Support Specialist, Housing, Human & Veteran Services
10/1/2014 11:18:20 AM
Submitted by
Title: Grants Support Specialist, Housing, Human & Veteran Services
Name: MoodyMandy
10/1/2014 11:18:21 AM
Approved By
Name: KushiEdmond
Title: Accountant, Housing, Human & Veteran Services
Date: 10/3/2014 8:28:56 AM
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services
Date: 10/6/2014 12:49:18 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 10/8/2014 2:08:47 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 10/9/2014 5:25:07 PM
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Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 10/10/2014 2:53:21 PM
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 10/13/2014 5:56:55 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/14/2014 8:14:03 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 10/14/2014 9:59:43 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 10/15/2014 10:44:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 3:25:25 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 10/17/2014 9:50:10 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 11:31 :05 AM
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10/28/2014 16.D.6.
du; 2846540 OR: 2880 PG: 10/28/2014 16.D.6.
IITII.011ICI TO "I UC01010 1N till 011ICIAL Ucml of CILLIIN ctimm, rr UC M 15.10
FORK 0 AM: 11101 IL01T It/23/2001 at 10:0301 MGM I. DWI, CUM 000.35 52.50
INT•.112 30.10
82COND IIMTGAGN
THIS SECOND MORTGAGE ('Security Instrument') Is given on August 17, 2001. The Second Mongispor is:
aaleae Mauston
('Bomaer'), This Security Instrument it given to Collier County ('Lender'), which it organized and exisfi g
under Me laws of the United States of America, and whose address is 3050 North Horseshoe Drive #145, Naples,
Florida 34104. BorrowerowesLenderthesumof YL91ceens Tboueaad dollase (11AS 13,000.00).Thia,debtls
evidenced by Borrowers Note dated the same date as this Security Instrument (`Second Mortgage), which provides for a dilypsymoraL
with iM fun debt h not paid earlier, due and payable on $ale of proDertY, ref Lullme, or loss of bos este"
exaMtdloa. This Security Instrument secures to Lender: (a) Me repayment of on debt evidenced by the Now, with Interest. and all
renewals, extensbns and modifications; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security
the Security I ebumenl: and (e) the performance of Borrowers covenants and agreements under this Security Insinxim and the Now. For
this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located In Co 11 i e
County, Florida.
More pardcularty described as: Lot 10, Sock A. Unit 2. Rocky Pine Estates, Public records of Coder County, Florida.
POYO070MSUM and which has the address of
(•PropertyAddrese): _ 620 6"' Ave. Circle
ie,..0
Immokalee, Florida 34142
Mao 121W) (api
TOGETHER WITH all the improvements now of hereNwr erected on the progeny, and ate easernsres, rghls, apputaances, rents,
royalties, mirwral, oil and gas rights and profits, water rights and stock and all fixtures now or hersefter a pan of the property, The Security
ImwlrurMrl Nan also cover ON replacement and addifte, , Alf of theioregolng is referred to in Cols Security Instrument as the 'Pmpo y'.
BORROWER COVENANTS that Borrower Is lawfully selaed of the estate hereby conveyed and has the right to mortgage. grant
and convey Nw Property and Mat the Property is unencumbered, except for encumbrances of record. Somwer warrants and will defend
gerarany Nto Moto the Property against NI claims and domau ds; su ect.twtany encumbrances of record.
THIS SECURITY INSTRUMENT combines.ynnnttnl�foT�raliapl use and norwniFOrm cowrwNS with IrrslW variation by
Jurisdiction to constitute a uniform security instruras&2o=. tea P11V1tt;
UNIFORM COVENANTS. tlorower Cti'l 'cov rant and apse i}+to�lovrc:
1. Payntart of PrltolpN and InterMl;,,,, and 6ele C6,11's \Bwrower Shan promptly pay wren due Nw principal of
and 'a is se on No debt evidenced by the to. yrrwnt
L Taxes. The Mortgagor will pull taws, rents or wad ra Arlon b l e soaual of any penalhes or interest
owreon. ! i
The MoApagor Khan pry or came 10 (4)(1) all taxes and govemxremtal steps of
any kind whatsoever which may at any time 18 Mui Or a Ywitla respata to the Property. (2) an uaaty and other
charges. Including •service charges'. Irtjurted r kipoesb f te9 lue, thccuarwy, upkeep and IrprovartwK of the
Property. and (3) ate aeessmems or t ` y 18 be ter Install w" over a period of years, ow
Morlgagorshal be obtigawd under the � i only as are eegeled b bs paid during Ne wmn
of No Mortgage, and shah, promptly afw�, ynemt of any of the i , forria d , 00*agee evidence of such payment
L Applution of Payments Oppncable taw provldss . did g[yO+NAs received by Laser shall be app" ' test to
Itewest rise: and, b principal due: and last. *:isle charges due under obi.
4. Charm Lone. Borrower shnaN�1a11Yaxes. assessments, charg�tA, Inpoeibons attributable 10 the Property. which
may a$aln prlorlly over eels Security Instrumen gar l se� payments or �N any. Borrower stall promptly furnish b Lender
all ndices of amounts b be paid under this r k U rend svklynN ay�te•
amowwel elan Promptly dlsehage any Ian orhloh I� � �his�u►ny In6%r~ unless Bom mr. (a) etpMS in wrnln0 b
the payment of the obligation secured by the men Ina man (b) conlea16 In good faM the non by, or delands apalnat
eMuxOarrint of On llsn In, legal proceedings wh'f h In the lenders opinbn operate to prevent tee erlorcertenl d Ne son; or (e) eseues from
Ne holds►of •e non an agreement satisfactory to lender subordianng the lien to this Security I strurrm t 6 Lender daim i 6 Oat any
pat of Ce Property is subject to a ken, which may attain priority over the Security Instrument, Lender ray give Borrower a ►n nw n identifying
Nw asn. Borrower Nall satlsfy the Ion or take one or more of the actiM set font above w did 110 days of the gMrg of noaos.
i, I'm or Propoi ly Yauranolt, Borrower shall keep the Improvements now existing or hereafter erected on the Property
Insured against baby fire, hazards Included within the term'oxterded coverage and any other hazards. including floods or flooding, for
which Lender mpinn insurance. This Insurance shall be maintained in the amounts and for tee parlods that Lendar requires. The
Ieurance carrier providing the insurance stall be Oman by Borrower subject to Lenders approval, wwhich stall not be unreasonably
"' , , .. It Donower taus to maintain coverage described above. Under ray, at Lenders option. obtain coverage b protect Lenders riphh
N Nw Properlyln accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall malnwin kwrance wilh reaped
loft Premlim agakat such risks and for such amounts as are cuarontarity insured ag init and pay, all* same becorte due and payable,
ON premiums in respect "Mo. including. but not hrdwd to, all-risk insurance protectlng On interests of the MorVW and Mortgagee
agaknot loss or damage to the Premises by fire, lightning. and other casualles customarily Inured against (I du ding boiler explosion, it
appropriate). with a uniform standard extended coverage endorsement, including debrit removal coverage. Such kauranoe at all arias to be
in an amount not loss Can the full replacement cost 011 t e Premises, exclusive of footings and foundations.
AN Laurance policies and rerwwab shall be acceplable to Lender and shall include a standard mortgage stare. Lender shall have
the right to hold Cur policies and renewals. II Lender requires, Borrower shah promptly gins to Lander ON recelpw of paid promiums and
rarwewwl mottoes In Ne event ol loss, Borrower shell give prompt notice to Me insurance carrier and Lender. Lender may► make proof of loss
N not "M o prompsy by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shah be applied b reolorabon or repel of No Property
damaged. N to restoration or repair Is economically feasible and Lenders security is not lsatened. N the reslorabon or repel a not
economically eaelble or Lenders security would be oesened, the insurance proceeds shall be applied to the sums segued by the Security
ketrlxrenL whorl w or not than due, with any excess paid to Borrower. N Borrower abandons the Property, or does not answer within 30
days s rnobce from Lender Cat the i suranco carer has offered to settle a claim, Man Lender may collect Nw kswance proceeds. Lender
may use so proceeds to repair or restore the Property or to pay surm secured by this Security Iatrunnent whotho or not then die. The 30-
days eriod wwi l begin whin the notice Is mailed. UnIM Lender and Bom wr ovwwmes agree in wrltug, any apphcabon ot proceeds b
principal Mail not extend or postpone the due date of the monthly payments referred to In paragraph i or charge the amount of on
plir"ft. C under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting horn
damage to the Property prior to the acquisition shalt pas to Lender to tee extent of the sume secured by Nis Security Istrument kmediatey
prior to Ce sl qulshion,
0. Oooutparwy, Preeervelion, Maintenance and Proteotlon of the Properly; Borrower's Loan AppNoason, Leasshokls.
Somower"000upy, soMbUh, and ues the Properly es Borrowers principal rastdence within Way days Nor tea execution of Nis swurky
kwtm. rd and Nate conl nue to occupy tie Property ae Borrowers principal residence for at tat one year after the dome of occupancy,
idea ladder otherwise agrees M writing, which Consent shah not be unreasonably w M aid, or unless extenuating oraunswncas exist
which are beyond Bam mss control. Borrower shall rat destroy, damage or WWO the Property. Mows the Property to deteriorate, or
ca -- IN waft an the Property. Borrower stall be M delault b any forfeiture action or proceeding, whether civil or criminal, is begun that h
Lenders good faith judgement could result M fora. - I momwteNy WOW the Non created by this Security
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`Ox. ZHU rG; INU
or proceeding to be dismissed with a ruling Mat, in Lenders good faith determination, precludes forfeiture Of Ihe Borrower's Inlerat in the
Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in
defaux 0 Bonrowwr, during the loan application process, gave materially false or Inaccurate Information or statements to Lender (or failed to
provide Lender with any material information) in connection with the ban evidenced by the Note, inckdmg, but not Wrilled to, repraenppons
concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is an gasehokL Borrower shad comply
with all the provision of the lease. 0 Borrower acquires fee utie 10 the Property, the leasehold and the tae bug shall not merge unless Lender
agrees to the merger in writing.
7. Prossotbn of Lender's Right M No Property. II Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Larder maydo and pay for whatever is necessary
to protect tie value of the Property and Landers rights in Me Property. Lenders actions may include paying any sane secured by a lien,
which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' tea and entering on the Property to make
repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lander under,
this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lander agree b of er
tome of payment, these amounts shall bee interest from the date of disbursement at the Note rate and shall be payable, with ireereaL upon
notice from Lender to Borrower requesting payment.
0. Mort w Insurance. It Lender required mortgage insurance as a condition of making the ban secured by this Security
Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. It, for any reason, the mortgage
insurance coverage required by Lander lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to tie cost to Borrower of the
mortgage insurance previously in effect, from an akemats mortgage insurer approved by Lender. H substantially equivalent mortgage
Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to onedwellth of the yearly mortgage Insurance
premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender win accept, use and retain Mesa
payments as a Idea reserve in lieu of mortgage insurance. Loss reserve payments may no IwW be required, at the option of Lender, if
mortgage imtrance coverage (in the amount and for the period that Lendfir requires) provided by an whwrer approved by Lander again
becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss
reserve, unlit the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or
applicable law.
D, Mepeabon. Lender or its agent may make reasonable entries upon and Inspections of the Property. Lender shall give
Borrower notice at the hme of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential. wf connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of cronderrraborl, are hereby assigned and shalt be pad to
Lender. In tee event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whetter
or not then due, with any excess paid to Borrower. In the a #pegialJaking of the Property, In which the fair market value of the
Property immediately before the taking a equal o or gre�tsfY =112;o rn time secured by this Security Instrument immediately
ediatey
before the taking, unless Borrower and Lender otherw 4*a Wurad by the Security Instrument shall be reduced by
the amount of the Proceeds multiplied by the lot : (a) the total I1h! Burns secured imutediatey before Ore taking,
divided by (b) Oe fair market value of the P My before the taidng. A t Ww" shah be paid to Borrower. In the event of a
partial taking of the Property in which the lair rnarkellydlut of the Property immediateybu ore ibe taking is lees Man Me amount Of go Buns
secured Immodlatly for the taking, unless" a ender olperwise ;gill in writwhkor uft m applicable law otherwise provides. Oe
proceeds ehail be applied to the sums seUxed I(y Mb I merit wtigOer or Me�su s are ten due. Unless Lander and
Borrower otherwise agree in writing, any +IPW Clr postpone the due date of the rnonMy
payment referred to in paragraphs 1 or o(s�l. : . 41%.
11. Dorrower Not Relessed, By Lein* !kit a E n� of" time for payment or modification of
amoPozation of the sums secured by this S' dri�6-0- t �tiyLe to ar�r a cSSio in interest of Borrower shell not operate o
release the liability of the original Borrower I. l be required to commence proceedings
against any suocaasor In Interest or retwe t e time for payment or othelww moddify �abon of the sums secured by thie Seaxlty
Instrument by reason of any demand made final Borrower or slkce111'4 j;(n interest. Any torbearane by Lender in
exercising arty right or remedy shall riot be a' or preclude the exerciia a(dyli tlLornemedy.
1Y. fluooeeeors and Assigns lowllcE, Ind several LkrbWly 1711e covenants and agreements of Otis Security
Imlrurnent shall bind and benefit the successors dlfs of Lender and to the Provisions of paragraph 17. Borrowers
covenant and agreements shall be Joint and eeve Instrument bid does not exeaMe Oe Note; (a)
is co- signing this Security Instrument only to mortgage, 1 in£ war s interest in the Prop" under Me terns of this
Security lnsW an . (b) Is not personally obligated to pay the is security IneMtntent; and (c) agrees Mal Lender and any
over Borrower may agree to extend, modify, forbear or make any accommodations with regard to tie toms of" a Security Instrument or the
Nob without that Borrowers consent.
I& Loan Charges. If the ban secured by this Security Instrument is subject to a law which set maximum ban c►hogas, and that
taw is finally Interpreted so that the Interest or other loan charges collected or o be collected in connection with the ban exceed tre permitted
hmlb. Men: (a) any such loan charge shad be reduced by the amount necessary to reduce the charge to the pemllted Wna; and (b) any sums
already collected from Borrower which exceeded permitted limb will be refunded to Borrower. Larder may choose to make this refund by
reducing the principal owed under tie Note or by retaking a direct payment to Borrower. h a refund reduces principal, tie reduction will be
treated as a partial prepayment without any prepayment charge under the Note.
14. 1I F IF . Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lander. Any notice to Lender shall be given to Borrower or Larder when given an provided in this
paragraph.
16. Governing Law; SewrabUhy. Federal low and the tow of the Jurisdiction in which the Property is located shall govem this
Security Instrument. In the event that any provision or clause of ft Seventy Instrument or the Note conflict with applicable law, such
cxxmu►ct shalt not affect other provisions of this Security Instrument or the Note which can be given effect without the
this and the provbalom of MIS Security Instrument and Me Nee are declared to be severable. eonfhebrg provision. To
It sorroeer's Copy. Borrower shall be given one conformed copy of the Note and of Mite Security Instrument.
17. Translsr of d1e Property or a 8enefbhai Intnest in Bar otter. ff all or any pan of the Property or any Interest in if is add or
transferred (or u a beneficial interest in Borrower Is sold or transferred and Borrower Is not a natural person) without lender's prior written
consent, Lender may, at its option, require Immediate payment in full of all sums secured by on Security lrstrurrent. HOwevar, Larder yes
not exercise this option if federal law as of tie date of this Security Instrument prohibits exercise.
0 Lander exerclead this opt ion, Lender shall give Borrower notice of accderetnon. The notice shah provide a period of not less than 30 days
from the dale the notice is delivered or mailed within which Borrower must pay all sure secured by this Security lnstrunaent. lt Borrower fails
to pay VOW MM prior to Oe expiration of this period. Lender may Invoke any remedies permitted by this Security Instrument without hither
notice or demand on Borrower.
10. Sormwrees Right to Rekbtts. If Borrower meets certain conditions, Borrower shag have the right to have enforcement of
Otis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for
mil"Wrifnt) before sale of the Property pursuant to any power of sat contained in this Security Instrument; or (b) entry of a AKVWI
enforcing thha Security Instrument, Those conditions are Mat Borrowar. (a) pays Lender as Sums which then would be due under this Security
Instrument and tie Note as 11 no acceleration had occurred; (b) cures and default of any over covenants or agreements; (c) pays all
"Won Incurred in enforcing this Security Instrument. Including, but not lmlted to, reasonable Mm sft toes; and (d) takes such action as
Larder may raaonaby require to assure that the hen of this Security Instrument. Lenders rights M tie Property and Borrowers obligation o
pay the suns secured by this Security Instrument stall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and
the obhgell" secured hereby shall remain July effective as 11 no acceleration had occurred. However, this right to reinstate yell not apply
in this case of acceleration under paragraph 17.
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19. sofa of Note; Change of Loan Servicer. The Note or a partial interest In the Ncte (together with this Security Instrument) may
be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicee) that
collects monthly payments due under the Note and this Security instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. It there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance
with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which
payments should be made. The notice will also contain any other information required by applicable law,
20. Hazardous substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in
violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or stooge on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental
or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has
actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remec iabon of any
Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law. As used in this paragraph 20. 'Hazardous Substances' are those substances delined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection.
21. AooeteraUon; Remedies. Lender shall give notice to Borrower prior to acceleration following Borro gees breach of any
covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides
otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default: (c) a date, not less than 30 days from the date
the notice Is given to Borrower, by which the default must be cured; and (d) That failure to cure the default on or before a* data specified in
the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure
proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure. It the default is not cured on or
before the date specified in the notice, Lender, at Its option, may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender &MR be entitled to collect all
expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, masonabls aaonwys tees and coca
of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without
charge, to borrower. Borrower shall pay any recordation costs.
23. Aftarnsys' Fses. As used in this Security Instrument and the Note, 'attorneys' fees' shah include any attorneys' lees awarded
by an appellate court.
21. Riders to this security 1rnlrument. ,"40 di Eri�4�kgi cuted by Borrower and recorded together with the Security
Instrument, the covenants and agreements of a ii +Hparsh8 hip and Shea amend and supplement me covenants and
agreements of this Security Instrument as B the�fa) were a part of this Secu 'Inument. (Check Applicable Box)
Adjustable Rate Rider
Graduated Payment Rider
13 Balloon Rider
❑ Other(s) (specify
SIGNING BELOW, Borrower accepts
executed by Borrower and recorded w
Signed, sealed and vered In me pr
Witness Signature:
1 <.
Winces Print Name:
Witness Signature: /`
Witness Print Nam: –Glw
STATE OF._F onda_
COUNTY OF_Coiller_—
ivement Rider L» Condominium Rider
ider Second Home Rider
irr--�1 1
e R' iLJ tanned Unit Development Rider
nants 7 this Security Instrument and in any rider(s)
_ Slgnetuy � _
Borro r-,"loae Houston
_Address: 620 6Cdi Ave. Circle
Immokalee, Florida 34142
I hereby certify that on this day, before me, an officer duly authorized in the stale aforesaid and in the county atoresakt to take
acknowledgements, personally appeared Helena Houston to me known to be the person(s) described in and who executed the
foregoing Instrument and acknowledged before me that HE(SHFrr THEY executed the same for the purpose therein expressed.
WITNESS my hand and off icial t in the County and State aforesaid this August 17, 2001.
My Commission Expires:
Notary ic's lure
Notays Prints Name -- - -- —
(SEAL)
am L. VOLM
era..fr♦.�
IPOW-14 YAM IteasM
Packet Page -1482 -
- ...ed. wp y
10/28/2014 16.D.6.
Prepared by: Wendy Klopf
Collier County
Housing, Human & Veteran Services
3339 E. Tamiami Trail
Naples, FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TANIIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Helena Houston to COLLIER COUNTY, bearing the date of 08/17/01,
recorded 08/23/01, in Official Records Book 2880, Page 1499, of the Public Records of Collier County,
Florida, securing a principal sum of $15,000 and certain promises and obligations set forth in said
Mortgage, upon the property described in the aforementioned Mortgage.
COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance
with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28,
2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said
Circuit Court to cancel the same record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
2014 Agenda Item Number
ATTEST:
DWIGHT E. BROCK, CLERK
LI-A
, DEPUTY CLERK
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
C
TOM HENNING, CHAIRMAN
Packet Page -1483-
FE
USDA
United States Department of Agriculture
September 23, 2014
Ms. Helena Houston
PO Box 3411
Immokalee, FL 34142
RE: Short Sale Request
Account # 1982171
Property Address: 620 6th Avenue Circle
Immokalee, FL 34142
Dear Ms. Houston:
10/28/2014 16.D.6.
We received a request from your representative, Von West, to extend the closing
deadline for the sale of the above referenced property. USDA, Rural Development
consents to allowing this sale to continue and agrees to release its first mortgage lien
upon receipt of net Droceeds from the sale in an amount not less than 43.075.00. Seller
will be responsible for increased seller costs incurred due to the extended closing date.
Therefore, the extension is granted and the closing must be completed no later than
October 31, 2014. You are reminded that by approving this sale the Agency is agreeing
only to release its lien and that you will remain obligated for repayment of any remaining
debt and that the remaining debt may be settled through the debt settlement process.
Our letter to you dated July 29, 2014 contained the forms and requirements needed for
debt settlement.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against
credit applicants on the basis of race, color, religion, national origin, sex, marital status,
age (provided the applicant has the capacity to enter into a binding contract); because
all or part of the applicant's income derives from any public assistance program; or
because the applicant has in good faith exercised any right under the Consumer Credit
Protection Act. The federal agency that administers compliance with this law
concerning this creditor is the Federal Trade Commission. If a person believes he or
she was denied assistance in violation of this law, they should contact the Federal
Trade Commission, Washington, D.C. 20580.
The Fair Housing Act prohibits discrimination in real estate related transactions, or in
the terms or conditions of such a transaction, because of race, color, religion, sex,
disability, familial status, or national origin.
Rural Development • N. Fort Myers Office
3434 Hancock Bridge Pkwy, Suite 209 -A • N. Fort Myers, FL 33903
Voice (239) 997 -7331 • Fax (855) 475 -8043 • TDD: 711
USDA is an equal opportunity provider and employer.
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination
Complaint Form, found online at hM2s://www .ascr.usda.gov/complaint filing cust html or at any USDA office, or call
(866) 632 -9992 to request the form. You may also write a letter containing all of the information requested in the form.
Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication,
1400 Independence Avenue, S.W., Washington, D.C. 20250 -9410, by fax (202) 690 -7442 or email at program.intakerusda.gov
Packet Page -1484-
10/28/2014 16.D.6.
L
The federal agency that is responsible for enforcing this law is the U.S. Department of
Housing and Urban Development. If a person believes that they have been
discriminated against in violation of this law, they should contact the U.S. Department of
Housing and Urban Development, Washington, D.C. 20410 or call (800) 669 -9777.
Sincerely,
BARBARA B. DAVIS
Area Specialist
CC: Von West
Mandy Moody, Collier County Public Services Division
Packet Page -1485-
A. Settlement Statement
U.S. Department of Housing
and Urban Development
AN
10/28/2014 16.D.6.
lexalres r lr"Z xrar
B. Type of Loan
1.0 FHA 2.0 RHS 3.0 Cary. Unlns.
S. File Number
7. Loan Number
8. Mortgage Insurance Case Number
573 -2014
4.0 VA 5.0 Conv. ms.
Amounts paid tD and by the 5e0nara agent are shown. home
C. Note: This form is f milshed to gpre you a statement of actual settlement coals. la
marked '(p o.c.)' were paid outside the dosing: they are shown here for information purposes and are not included to the totes.
D. Nome and Address of Borrower
E. Name and Address of Seller
F. Name and Address of lender
Topocals. LLC
Helena Houston
620 6th Avenue Circle
620 8th Avenue Circle
Immokalee, Florida 34142
Immokelee, Florida 34142
G. Property Location
H. Settlement Agent
620 8th Avenue Circle
Nationwide Title and Cfoafng LLC
Immokslee, Florida 34142
Place of Settlement
1. Settlement Dam
18800 NW 2nd. Avenue 0 205
09111/14
Miami, Florida 33169
J. SUMMARY OF BORROWER'S TRANSACTION:
K. SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Contract sales prim
46,5W.00
401. Contract sales price
46,50D.00
102. Personal property
402, Personal property
103. Settlement chaMes, to borrower line 1400
583.28
403.
104.
404.
105.
405.
Adjustments for semi paid by sailor In advance
Adjustments for Rem paid by seller in advance
106. ClIvItawn taxes to
406. City/town twoes to
107• county fazes to
407. County taxes to
108. Assessments to
408. Assessments to
109.
409.
110.
410.
111.
411.
112,
412.
120. GROSS AMOUNT DUE FROM BORROWER 47,08325
420. GROSS AMOUNT DUE TO SELLER 46,500.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER
600. REDUCTIONS IN AMOUNT TO SELLER
201' Depoed or earnest money
501. Excess Deposit lase Instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
2D3. Existing loan(s) taken subject to
503. Erdating ban(s) taken subject to
1,66288
204.
504. Payoff of first mortgage loan
43,075.00
United States t Of Agriculture
205.
505. Payoff of second mortgage loan
1,500.00
2a1 Mort a CoOier Co
�. Suncosat Credit Union
3000.00
508,
207• B MR Inc.
631,31
507.
206.
506.
208.
�.
,seller
Ad ustments for Items un ..
Adjustments for items un Id seller
10. C'
2 nixes to
510. Cityltown taxes to
211. Cou taxes 01/01 to 09111
262.12
511. County taxes 01101 to OB711
262.12
212. Assessments to
512 Assessments to
213.
513.
214.
514.
215.
515.
218'
516.
217.
517.
218.
518.
219.
519.
220. TOTAL PAID BY / FOR BORROWER 3,893.43
520. TOTAL REDUCTION AMOUN7 DUE SELLER
300. CASH AT SETTLEMENT FROM OR TO BORROWER
46 500.00
.
600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower 120 47 083.28
601. Gross amount due to seller ins 420
302. Less amounts Pald bYtfbr borrower line 220 3 893.43
46,SOD.00
602. Leas reduction amount drre to seiler line 520
46 500.00
303. CASH FROM BORROWER 43,189.85
603. CASH TO
_ --
SELLER 0.00
.woe r r r v r e rtrnM WIFY SELLER STATEMENT: The informabon contained herein Is knponant tax kdormatlorn and is being furnished lathe Internal Revenue Service. If you are required m
file a remm, 8 r egligerroe penalty or other sanction will be imposed on you B INS Item Is required to be reported and the IRS determines that It has not been reported. The Contract Sass Price
described on Line 401 above earetltums the Gross Proceeds of this transaction.
SELLER INSTRUCTIONS: To determine 11 you have to report the sale or exchange of your primary residence on your tax realm see Ore Schedule D (Form 1040) instructions . 8 the rest astats
was not Your Pdmary residence, complete the applicable parts of Form 4797, Form 6252, and /or Schedule D (Form 1040).
You are required bye law ID et law. agent your correct mgnayor klendficaton number. If you do not provide your coneet taxpayer Idenft;don number, you may be subject
to civil or criminal perjury. I car* that the number shown on this statement Is my correct
mgoayer McMificettorh number.
Helena Houston DATE: September 11th 2014
TIN:
Packet Page -1486-
09-03 -2014 at 7:06 AM
form HUD-1 (3196) ref Handbook 4305.2
n e.R ne unr IQw2 wun nensu na/n /1eYCIJT eCTT CYCYT CTATCYCYT CALF 7
700.
L SETTLEMENT CHARGES: File Number. 513 -2014
TOTAL SALESBROKER'S COMMISSION based on rice E
Drvision of commission line 700 as follows:
-
10/28/2014 16. D.6.
SETTLEMENT SETTLEMENT
701.
S to
702. $ to
703.
Commission paid at Settlement
704.
800.
ITEMS PAYABLE IN CONNECTION WITH LOAN
P.O.C.
601.
Loan Odainallon Fee %
802.
Loan Discount %
603.
Appraisal Fee to
$04.
Credit Report to
$05.
Lendets Inspection Fee to
806.
Mto. Ins. Application Fee to
807.
Assumption Fee 10
808.
809.
810.
811.
812.
813.
614.
815.
900.
ITEMS REOURED BY LENDER TO BE PAID IN ADVANCE
901.
Interest from to On
/day
902.
Morlope Insurance Premium to
903.
Hazard Insurance Premium YfS. to
904.
905.
1000.
RESERVES DEPOSITED WITH LENDER FOR
1001.
Hazard Insurance Mo. $
! mo.
1002.
Mortgage Insurance mo. On
! mo.
1003.
City property texas Mo. $
/ mo.
1004•
County taxes 0 m0. 0111
! Mo,
1005.
Annual Assesmneots mo. a
1006.
mo. Ins
/ mo.
1007.
mo. 03
/ mo.
1008.
Aggregate Reserve for Haxard*lood Ins, Cky/County Prop Taxes Modgage Ins 8 Annual Assesemeras
1100.
TITLE CHARGES
1101.
Selfiement or closing fee to Netionwkfe Tide and Closina LLC
500.00
500.00
1102.
Abstract or We search lo AAA Title Abstractina LLC
10040
1103.
Title examination to
1104.
Titre insurance binder to
1105.
Doannmrt preparation to
1106.
Notary fees to Virginia Wolf
50.00
50.00
1107.
AftwWs fees to
includes above Rom No:
1108.
Title insurance to Nabornwide/NATIC/Entrust SotubonB
287.38
includes above item No:
1109. Lender's coverage
1110. Ownses coveragle 46,5W.00 - 287.38
1111.
reviswiprocessby TWO Services
250.00
1112.
OIR
328
1113.
1200.
GOVERNMENT RECORDING AND TRANSFER CHARGES
1201.
Recording fees Dead $ 10.00 • Wrtcrage S •
Releases $
10.00
10.00
10.00
1202.
CRIn/opunty/starnps Deed S • Mortgape S
1203.
State tWstaM Deed $ 325.50 ; Mortgage S
325.50
1204.
InUmnibla Tax Deed 3 Mo e $
1205.
satisfaction of iudownerillmortnefle
20.00
1300.
ADDITIONAL SETTLEMENT CHARGES
1301.
Survey to waived by buyer
1302.
Pest inspectim to
1303.
City Lien Search Fee Reliable Lien Search
140.00
1304.
1305.
1306.
1307.
1308.
1400.
TOTAL SETTLEMENT CHARGES enter on lines 103 and 502. Sections J and
58328
1,66268
I have carefully reviewed Me HUD-1 Settlement Statement and to the best of my knowledge and betlef, a is a tnre and accurate statement of an receipts and disbursements made on my
account or by me in tlds transaction. I further caNly Met I have received a copy of the HUD-1 Settlement SlalemenL
Topscale, LLC
Helena Houston
The HUD-1 Seatlement Sudernenl vdnlch 1 have prepared is a true and accurate aocoum of this transection. I have caused or win tsuse the funds to be disbursed In sccordance wOh this
slatemaM
Dtr4' Swdemher 11M. 2014
NaflowMde THIS and Closing, LLC. A Florlda Limited LIabl0ly Company
WARNING: If is a cnme to knowiro make false statanena to the United States on Mds or any onher similar form. Penalties upon convftw can include a fine or ImMisonmenL For debts
see: Thle 18 U.S. Code Sec ion 1001 and Section 1010.
Packet Page -1487-
rrus-zu14 at 7:05 AM torn HUD -1 (3186) ref Hendboctc 4305.2