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10/21/2014 (3)
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10/21/2014 (3)
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Last modified
4/4/2018 4:41:32 PM
Creation date
3/23/2016 8:52:53 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/21/2014
Meeting Body
Board of County Commissioners
Book and Page
246
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H:\Indian River\Network Files\SL00000E\S0004A9.tif
SmeadsoftID
14154
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Lawsuit for Possession of Mobile Home <br />October 15, 2014 <br />Page 12 <br />August 2014, Ms. O'Shay passed away so the mobile home is now empty. The daughter <br />was again contacted concerning the home and again informed staff that she was not <br />interested in the home and that the son had died in 2011. The County has been contacted <br />by the manager at Whispering Palms concerning the mobile home as the rent has gone <br />unpaid since September. The manager was informed that the County would have to file suit <br />to recover possession of the home and the park manager offered any assistance she could <br />provide in advancing the lawsuit. <br />If the County desires to protect its lien interest, a lawsuit in replevin (repossession) would <br />have to be filed in Circuit Court in order for the County to become the title holder. Once the <br />County has title in its name, the mobile home could be offered for sale in order to try to <br />recoup some of the money lent to buy the home. The HHRP has ended and has been <br />closed out, so any funds received from sale of the mobile home would most likely be used <br />in our SHIP program. The mobile home is in good condition and would have a value of more <br />than $25,000. <br />Funding: Filing fees and service of process would be approximately $1,000 and would <br />come from the SHIP Fund/Other Professional Services, Account #12322869-033190. <br />Recommendation: Staff recommends the Board authorize the County Attorney's Office to <br />file a law suit in replevin against the owner's estate to protect the County's lien interest and <br />once title to the mobile home is in the County's name, authorize its sale in accordance with <br />County Purchasing Manual Guidelines. <br />Copies to: <br />Sasan Rohani <br />Barbara Cournoyer, Manager, Whispering Palms <br />20 <br />
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