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Office of Consent 10/21/14 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold., County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />TO: <br />FROM: <br />DATE: <br />SUBJECT: <br />MEMORANDUM <br />Board of County Commissioners <br />illiam K. DeBraal, Deputy County Attorney <br />October 15, 2014 <br />Permission to File Lawsuit for Possession of Mobile Home <br />As a result of the hurricanes of 2004 and 2005, the State of Florida funded a program known <br />as the Hurricane Housing Repair Program (HHRP). This program provided funds to low and <br />very low income residents to replace their hurricane demolished mobile home with a mobile <br />home that met the current wind speed requirements. <br />The County participated in the HHRP and purchased mobile homes for eligible residents. <br />Following the purchase of the mobile home, the County held title to the home and was the <br />first lien holder on the title. In accordance with HHRP guidelines, up to $50,000 of the <br />purchase price was a grant that would expire and be forgiven in ten years. Any funds <br />expended to purchase the home in excess of $50,000 was a grant loan, which had to be <br />repaid if the mobile home was sold within the first ten years. After ten years, the grant loan <br />would also be forgiven. <br />In April 2006, Deloris Swiger Moore qualified under the HHRP and purchased a new mobile <br />home that was set up at Whispering Palms Mobile Home Community and RV Resort, 10305 <br />U.S. Highway 1, Sebastian, FL. The final purchase and set up price was $60,741.00 which <br />is the amount of the lien held by the County. Residents of Whispering Palms do not own <br />the property underneath their homes, rather they pay monthly rent and utilities to the <br />landlord. Ms. Moore and her companion, Ms. Jeannie O'Shay resided in the mobile home <br />but Ms. O'Shay was not on the title to the home. In July 2011, Ms. Moore passed away, <br />leaving two heirs to her property: a daughter and a son. The heirs were contacted by the <br />County SHIP program managers and the daughter wrote to inform the County that she <br />wanted no interest in the mobile home. The son expressed a passing interest in the home <br />at various times but did not take any action to take over title to the mobile home. In the <br />mean time, Ms. O'Shay continued to live in the home and pay the lot rent and utilities. In <br />• <br />MEL I ! !l; AGENDA <br />J dTY ATTORNEY <br />19 <br />