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gBg BOOK 394 I OD PAGE COMPROMISE ON LIENS - DEMOLITION OF STRUCTURE - ESTATE OF NILDA PINTO The Board reviewed the following memo dated 11/7/89: TO:The Board of County Commissioners FROM: v)( -William G. Collins 11 - Assistant County Attorney DATE: November 7, 1989 SUBJECT: Estate of Nilda Pinto - 920 20th Avenue, Vero Beach - Compromise on Liens In early 1988 a fire destroyed a residence at 920 20th Avenue In Vero Beach owned by Nilda Pinto. Mrs. Pinto perished in the fire. The County recorded a lien on June 7, 1988 in the amount of $1,736.71 plus interest, for the demolition of the fire destroyed structure and removal of rubble. The County filed a second lien dated January 10, 1989 and recorded January 23, 1989 for mowing weeds and grass and removing trash and debris. This Tien was in the amount of $1,169.97 plus interest. This property has been an on-going nuisance which the County on a periodic basis has cleaned up, charging the cost back against the property. Further liens may be recorded in the near future. Finally, the estate is being resolved and the property being taken over. A Ms. -Williams, represented by Richard Saliba, Esq. has: been assigned the mortgage on the property by the bank. Mr. Saliba has notified me that they intend to foreclose the mortgage in order to eradicate the liens. The only way for the County to preserve its liens which currently amount to $3,318.03 (as of November 7, 1989) would be to pay off the existing mortgage on the property. This is :.because the foreclosure of a prior lien against the property extinguishes all later filed liens unless the person holding the later filed liens pays off the first lien. Mr. Saliba has told me that the mortgage in question was recorded on May 27, 1983 at O.R. Book 664, Page 1465 in the principalamount of $20,295.04. The outstanding balance on the mortgage is currently $13,000. - Mr. Saliba has proposed paying the County $1,000 in full settlement for a release of all County liens against the property. The only way for the County to preserve the full amounts of its liens is to pay off the $13,000 balance on the mortgage, take over ownership of the property, and have it as a continuing maintenance obligation. Since it is more desirable to get the property back under private ownership and maintenance, taking over the property and paying off the mortgage balance does not appear to be a good alternative. RECOMMENDATION Accept Mr. Saliba's proposed settlement. Authorize the Chairman to execute releases of any liens against the property at 920 20th Avenue in exchange for tender of $1,000 to Indian River County to defray the costs of trash removal and yard maintenance incurred. WGC/nhm 38