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Consideration of Request from James A. Boyko, Previous Owner of Property Key #136917 for Release of Five Public Nuisance Abatement Special Assessment Liens Recorded on Property after Notice of Lis Pendens was Recorded Prior to Acquiring the Property
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BRIEF OVERVIEW
In 2018, a foreclosure action was brought regarding the property at 8405 Hillcrest Drive, Brooksville, Florida, and a notice of lis pendens was recorded against the property on September 21, 2018. After the notice of lis pendens was recorded, five public nuisance abatement special assessment liens were recorded as follows:
* BK 3723 PG 854, recorded 7/2/2019, $631.23 + $255.70 int. = $886.93
* BK 3766 PG 844, recorded 10/25/2019, $1,657.33 + $503.11 int. = $2,160.44
* BK 3766 PG 845, recorded 10/25/2019, $398.88 + $121.09 int. = $519.97
* BK 3952 PG 301, recorded 2/12/2021, $470.00 + $98.67 int. = $568.67
* BK 3952 PG 302, recorded 2/12/2021, $1,683.68 + $353.45 int. = $2,037.13
The grand total of the five liens with interest is $6,173.14.
On March 15, 2021, Mr. Boyko acquired the property through foreclosure auction. Mr. Boyko then sold the property to Robert and Christen Andrews by warranty deed on January 10, 2022. Mr. Boyko asks the Board to release the liens because they were recorded after the notice of lis pendens was recorded. His written request is attached, as are the notice of lis pendens, liens, Certificate of Title to Mr. Boyko, and the warranty deed to the Andrews. Mr. Boyko cites the cases of Ober v. Town of Fort Lauderdale-By-The-Sea and City of Palm Bay v. Wells Fargo Bank to support his request; however, the cases pertain to code enforcement liens, not special assessment liens and, therefore, do not support his request.
Should the Board vote to grant Mr. Boyko's request, the Chairman should be authorized to sign the attached releases and, further, the Board should direct the Clerk's Finance Division to issue a U.S. Internal Revenue Service Form 1099 in the am...
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