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Release of Code Enforcement Public Nuisance Abatement Special Assessment Lien for Estate of Leon Sykes
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BRIEF OVERVIEW
Hernando County is a defendant in the foreclosure, BOK, LLC, et al. v. Joseph Pontano, III, Case No. 24-CA-1040, in part because of a Code Enforcement lien against the subject parcel located at 9485 Rousseau Street, Webster, Florida, Key No. 1452582. It was discovered that the lien had been recorded after the Lis Pendens in a foreclosure against the previous owner, Leon Sykes. As explained in the Legal Note below, the subject lien has subsequently been rendered unenforceable. It is therefore appropriate that a release be recorded.
FINANCIAL IMPACT
No financial remedy available due to foreclosure.
LEGAL NOTE
The County Attorney’s Office has determined that the holding in Ober v. Town of Fort Lauderdale-by-the-Sea applies to the County’s lien because the Lis Pendens statute discharges liens up through the foreclosure sale unless the interested party moves to intervene within 30 days of filing the Lis Pendens. Therefore, liens recorded after the Lis Pendens but prior to a foreclosure sale (as occurred in this matter) are automatically discharged. The County was not a party to the previous foreclosure, therefore did not intervene within the 30 days of the Lis Pendens being filed. Subsequently, the lien cannot be enforced.
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RECOMMENDATION
It is recommended that the Board approve and authorize the Chairman’s signature on the attached Release of Lien and authorize it to be recorded in the Official Records.