Item #11 Code Enforcement Reduction of Fine/Lien for BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. - 2003 Nancy Ann Terrace COW 47 °ed Lip
011
AGENDA ITEM COVER SHEET
Meeting Date: Feb 07, 2012
Item # 11
Reviewed By:
Contact Name: Doug Gaines Department Director:
Contact Number: 407 - 905 -3100 ext 1503 City Manager: Robert Fr k
Subject: Code Enforcement Reduction of Fine /Lien for BAC Home Loans Servicing LP /
Federal Home Loan Mortgage Corp. re: 2003 Nancy Ann Terrace (District 1 Commissioner Gary
Hood)
Background Summary:
This property was cited on June 29, 2010 by Officer Edward Loeffler as a nuisance to the public health, safety
and welfare. The property was littered with trash, junk and debris. The structure was unsecured with evidence
of egress by unauthorized persons. The codes violated: 108 -35 and 115 -3. On July 29, 2010, the Code
Enforcement Board issued an order to comply by August 13, 2010 or be fined $200.00 per day per violation.
On August 25, 2010 the Code Enforcement Board imposed the accruing fine and lien for non - compliance. The
location was routinely checked by Officer Loeffler October 2010 — November 2011 and documented as non-
compliant with seven signed affidavits. Two of these checks resulted in Ocoee Police Department assistance.
On November 28, 2011 the violations were observed corrected and a affidavit of compliance was issued.
Issue:
BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp. is requesting the fine /lien amount
of $188,800.00 be reduced to the city's cost of $768.00. BAC Home Loans Servicing LP / Federal Home
Loan Mortgage Corp. claims that their Lis Pendens lawsuit was filed prior to the city's Notice of Claim
of Liens resulting in elimination of any fines on behalf of the city under the provisions of Florida Statute
48.23.
Recommendations
The Code Enforcement Board is recommending the fine /lien be reduced to $768.00 to cover the City's cost.
The discussion by the board was to reduce the amount; based on testimony from an individual representing
BAC Home Loans Servicing LP / Federal Home Loan Mortgage Corp.
Attachments:
Lis Pendens recorded 09/08/2009
Lis Pendens recorded 05/07/2010
Financial Impact:
None
Type of Item: (please mark with an z')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution ‘,/ Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
IN THE CIRCUIT COURT
ORANGE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 48 2009 CA 026369 O DOCK 20100263118 8: 10041 P: 4168
05/07/2010 03:02:27 PM Page 1 of 1
Rae Fee: $5.00
BAC HOME LOANS SERVICING, L.P. Martha 0. Haynie, Comptroller
FICA COUNTRYWIDE HOME LOANS Orange County, FL
MB - Ret To: KASS SHULER SOLOMON
SERVICING, L.P.
Plaintiff, 1111 Pr II
vs.
MARSHA L. SMITH, CAPITAL ONE
BANK (USA), NA, and UNKNOWN
TENANTS /OWNERS,
Defendants.
AMENDED NOTICE OF LIS PENDENS
TO DEFENDANT(S):
MARSHA L. SMITH
CAPITAL ONE BANK (USA), NA
UNKNOWN TENANTS /OWNERS
ALL OTHERS TO WHOM IT MAY CONCERN
You are notified of the institution of this action by Plaintiff against you seeking to foreclose a mortgage
encumbering the following real property in Orange County, Florida:
LOT 10, OCOEE WOODS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 10, PAGE 99, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
with a street address of 2003 NANCY ANN TER„ OCOEE, FL 34761.
DATED: April 21, 2010. r
Ashley L. Simon
Florida Bar No.: 0064472
Kass, Shuler, Solomon, Spector,
Foyle & Singer, P.A.
P.O. Box 800
1505 N. Florida Ave.
Tampa, FL 33601
(813) 229 -0900 ext 1394
Attorneys for Plaintiff
286750.094690A/crm
IN THE CIRCUIT COURT
ORANGE COUNTY, FLORIDA
CIVIL o. DIVISION
Case N q 0 0) � ? c
No. CJ Y
DOC 11 20090530459 B: 9930 P: 5414
1
BAC HOME LOANS SERVICING, L.P. FICA 01:14:33 PM Page 1 of
ID
A 09c Fee: $5.00 01:14:33
33c Type: LP
COUNTRYWIDE HOME LOANS SERVICING, L.P. Martha O. Haynie, Comptroller
Orange County, FL
Plaintiff, MB - Ret To: KASS SHULER SOLOMON
ON
MARSHA L. SMITH and UNKNOWN MINIGIIR
TENANTS /OWNERS,
Defendants.
NOTICE OF LIS PENDENS
TO DEFENDANT(S):
MARSHA L. SMITH
UNKNOWN TENANTS /OWNERS
ALL OTHERS TO WHOM IT MAY CONCERN
You are notified of the institution of this action by Plaintiff against you seeking to foreclose a mortgage encumbering the following
real property in Orange County, Florida:
LOT 10, PAGE OCOEE 99, PUBL OF ORANGE COUNTY�FLORIDA AS RECORDED IN PLAT BOOK
with a street address of 2003 NANCY ANN TER„ OCOEE, FL 34761.
DATED: August 31, 2009.
/s/ Ashley L. Simon
Ashley L. Simon
Florida Bar No.: 0064472
Kass, Shuler, Solomon, Spector,
Foyle & Singer, P.A.
P.O. Box 800
1505 N. Florida Ave.
Tampa, FL 33601
(813) 229 -0900 ext 1394
Attorneys for Plaintiff
286750.094690A/jsm