HomeMy WebLinkAboutSubmittal-AdministrationCITY OF MIAMI
OFF ICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Victoria Mendez, City Attorney
FROM: Brian A. Dombrowski, Assistant City Attorney
DATE: December 12, 2013
RE: Unsafe Structures - Special Assessment Collection FY 2013-2014
Matter ID No.: 13-2814
This memorandum serves to update you regarding the progress the Office of the City
Attorney has made on the collection of unsafe structure liens through December 12, 2013. Since
March 2012, we have been referred 303 cases for review. Following the review of the cases,
each has been placed into one of two categories. To summarize:
Liens which have been collected, or are collectable. More specifically:
One hundred forty-six (146) liens have been collected on for a total
collection of $319,355.36.
Twenty-two (22) liens, totaling $231,782.90, have been determined to be
less than 5 years old. We have started the collection proceedings by
sending demand letters. Having received no response, we are reviewing
each lien on a case by case basis to determine the proper route to take in
furtherance of our collection efforts.
Thirty-seven (37) new liens, totaling $347,000.01, have recently been
received by this office and are not ripe for foreclosure. However, demand
letters have been sent out on each property in order to not delay our
collection efforts.
Eighteen (18) liens, totaling 173,719.91, have been detennined to be
older than 5 years, Wc have sent demand letters, however, at this time we
have focused our efforts on collecting the newer liens.
II, Liens which are uncollectable now, or may become uncollectable. More
specifically:
Eleven (11) liens, totaling $140,141.94, are on properties which have
been placed on the "Lands Available for Taxes". Should the taxes not be
paid, the property will escheat to the County rendering the City's lien null
and void. The City has the option of acquiring the property by paying the
taxes. Memoranda have been sent to the client advising them of the legal
options and requesting direction. To date no response has been received.
Fifty (50) liens, totaling $175,211.82, are invalid for lack of proper
notice, failure to intervene in a foreclosure action, City of Miami owned
Doc. No.: 419756
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properties, or the lien was released. These liens have been removed from
the City of Miami's Accounts Receivable system.
Four (4) liens, totaling $28,468.69, are on properties owned by the City
of Miami. These liens have been removed from the Accounts Receivable
system.
• Fifteen (15) liens, totaling $76,581.50, are either uncollectable due to the
age of the lien, or because the lien amount exceeds the value of the land,
and the outstanding taxes make foreclosure economically unfeasible.
We will continue to keep you advised of the collection efforts regarding unsafe structure
liens.
Doc. No.: 419756
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A. Thompson,
City, Clerk
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Victoria Mendez, City Attorney
FROM: Brian A. Dombrowski, Assistant City Attorney
DATE: December 12, 2013
RE: Lot Clearing Special Assesment & Liens 2013 - Collections
Matter ID No.: 13-64
In September 2012, this Office was tasked with collection of outstanding lot clearing
liens. The process for collection of these liens differs from the collection of unsafe structure
liens. In order to collect the lot clearing liens, this Office received only the accounts receivable
list from Finance, with no back up documentation regarding the liens. This requires that we look
up each lien in CityView in order to determine validity and whether the lien was recorded.
Because CityView only goes back to 2005, any liens assessed prior to 2005 currently cxist with
no information other than a property address and an amount due.
This memorandum serves to update you regarding the progress the Office of the City
Attorney has made on the collection of lot clearing liens. As of September 1, 2013, we have been
referred 2,684 cases for review. At this point, we have reviewed 1,466 cases. Following the
review of these cases, each has been placed into one of two categories. To surrunarize:
I. Liens which have been collected, or are collectable. More specifically:
Two hundred twenty-five (225) liens have been collected on for a total
collection of $195,277.08.
Three hundred sixty (360) liens, totaling $191,428.89, may be valid. We
have started the collection proceedings by sending demand letters. Should
we receive no response, we will review each lien on a case by case basis to
determine the proper route to take in furtherance of our collection efforts.
IL Liens which are uncollectable now, or may become uncollectable. More
specifically:
0
Two hundred ninety-six (296) liens, totaling $225,172.12, are on
properties which have been placed on the "Lands Available for Taxes".
Should the taxes not be paid, the property will escheat to the County
rendering the City's lien null and void. The City has the option of
acquiring the property by paying the taxes. Memoranda have been sent to
the client advising them of the legal options and requesting direction. To
date no response has been received.
Nineteen (19) liens, totaling $17,477.43, are invalid for lack of proper
notice, failure to intervene in a foreclosure action, or released through
litigation.
Doc. No,: 419755
One hundred eighty (180) liens, totaling $135,564.62, are invalid
because they were placed on property owned by Miami -Dade County, and
are uncollectable pursuant to Article 10, Section 13 of the Florida
Constitution, A memorandum has been sent out to remove these liens from
the City's Accounts Receivable records.
Fourteen (14) liens, totaling $11,780.39, are invalid because they were
placed on property owned by the City of Miami. A memorandum has been
sent out to remove these liens from the City's Accounts Receivable
records.
Three hundred seventy-two (372) liens, totaling $288,797.31, are
assessed on property owned by Bankers Lending Services, Inc. The City is
currently in litigation with the property owner regarding the validity of
these liens.
We will continue to keep you advised of the collection efforts regarding lot clearing liens.
Doc. No.: 419755
Submitted into the public
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