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BOOK 97 PAGE 801 In preparing for a real estate closing between Arthur and Betty Sanders (sellers), and Jerry and Evelyn Bryant (buyers), Commonwealth Land Title Insurance Company discovered a lien recorded by Indian River County on April 13, 1979 to secure payment of $671.20 against property presumptively owned by Fletcher Jordan for the costs of demolition and removal of a nuisance structure. The lien bore interest at 6%. The seller, Mr. Sanders, points out that Fletcher Jordan did not own the property April 13, 1979 since the deed to him from Joyce Duval Jordan was January 17, 1979, two months prior to the County lien. He states that there were no liens on the property at the time he purchased it. This raises questions of whether the County lien is valid. It is possible that the lien is valid and that notice of intent to demolish was given to the Jordans as prior owners and they failed to inform the Sanders of the pending lien. The closing has been postponed because the lender will not go forward until the lien is cleared up. With interest, the lien will have grown to $1,315.11 as of the date of the Board meeting (April 9, 1996). If the County's lien is valid, it will expire in 1999. it cannot be foreclosed against the Sanders because their deed was prior in time to the lien. The demolition and removal of a nuisance structure was no doubt done by the County, although we cannot reconstruct the circumstances from 1979. I have suggested to Mr. Bryant, Mr. Sanders, and the title company that a compromise be made in which the County would execute a release of lien for less than the full amount of the lien, recognizing that legitimate issues as to its validity can be raised. This would also allow the Bryants to obtain financing for the purchase of the property. I suggested a payoff to the County of $500.00. RECQMMENDATION Direct the County Attorney to prepare a Release of Lien for the Chairman Ia signature to be delivered in escrow to Commmonwealth Land Title Insurance Company with instructions to release from escrow upon payment of $500.00 or such other sum as the Board feels is appropriate given this set of circumstances. In addition to the recommendation in the Memorandum, County Attorney Vitunac requested that the Board also authorize that the lien be forgiven in total, if necessary. The Board briefly discussed both the proposed compromise and suggested forgiveness of the lien. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously forgave the subject lien and approved a Release of Lien be delivered to Commonwealth Land Title Insurance Company. RELEASE OF LIEN TO BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY (COPY ON FILE IN CLERK TO THE BOARD OFFICE) 74 April 9, 1996