[CALL TO ORDER]
[00:00:03]
LIKE THE CALLS TO ORDER A SPECIAL MAGISTRATE HEARING FOR SEPTEMBER 21ST, 2022.
[SWEARING IN]
THE CLERK WILL SWEAR IN ANYBODY WHO'S GOING TO TESTIFY.CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND? YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. MAYBE IN.
[PETITION FOR RELIEF]
OUR FIRST CASE TO BE HEARD TODAY IS ITEM NUMBER THREE ON THE AGENDA AT CB 1993819 AT 1965 LIVE OAK STREET NORTHEAST.GOOD AFTERNOON. MY NAME IS ROBERT EWALD.
I'M THE COURT APPOINTED AUCTIONEER IN THE BANKRUPTCY CASE HERE ON BEHALF OF KARLA MUSSELMAN, THE APPOINTED TRUSTEE, AND HER ATTORNEY, JOHN MENNINGER, TO DISCUSS THE CODE VIOLATIONS THAT HAVE BEEN KIND OF ACCRUING IN THIS PROPERTY FOR I THINK IT'S THREE YEARS.
SO I THINK MR. MENNINGER DID A GOOD JOB IN HIS SUMMARY OF KIND OF THE SCENARIO.
I DON'T KNOW IF YOU KIND OF WANT ME TO GO THROUGH THAT, BUT I'M HAPPY TO KIND OF GIVE YOU THE QUICK SKINNY ON THIS IS THAT THE CASE WAS FILED EARLIER THIS YEAR. AS SOON AS IT WAS FILED AND THE TRUSTEE GOT INVOLVED, SHE ENGAGED ME TO SELL THE PROPERTY.
WE THEN CONTACTED THE NOW OWNER WAS THE HALF OWNER, BUT NOW THE OWNER SINCE THE ORIGINAL, THE OTHER HALF OWNER HAD PASSED AWAY AND SHE CONTINUALLY TOLD US THAT SHE WAS GOING TO CLEAN IT UP.
WE WENT FORWARD WITH THE SALE WITHOUT IT BEING CLEANED UP AND GOT TO THE POINT WHERE WE'RE READY TO CLOSE ON THE PROPERTY AND AT THAT POINT REALIZED THAT THE LIEN HAD ACCRUED TO ROUGHLY 55,000, WHICH SHOCKED US ALL.
SO WHAT WE DID WAS ESSENTIALLY ENTER INTO AN EXTENSION WITH THE BUYER WHO IS SCHEDULED TO CLOSE NEXT WEEK.
BUT IN THE MEANTIME, WE HAVE GONE AND GOTTEN ALL THE TRASH AND THE DEBRIS REMOVED FROM THE OUTSIDE PRESSURE WASHED THE MOBILE HOME AND THE OUTSIDE OF IT AS WELL, UNBEKNOWNST TO THE CITY, ARE KIND OF IRRELEVANT IS THAT WE'RE ALSO CLEANING OUT THE INSIDE OF IT JUST BECAUSE THE TRUSTEE FELT LIKE THAT WAS THE RIGHT THING TO DO TO GET IT ALL COMPLETELY CLEARED UP SO THAT THERE WERE NO ISSUES GOING FORWARD.
I'M LOOKING AT KIND OF THE SUMMARY OF IT AT 55,000 WITH A PURCHASE PRICE OF 56,000 PLUS THE BUYER'S PREMIUM LIKE 61,000, IT WOULD NOT MAKE SENSE TO GO FORWARD WITH THE SALE.
SO WHAT THEY'VE ASKED IS THAT THE $55,000 NUMBER BE REDUCED TO 20,000 AND THAT WOULD BE ESSENTIALLY PAID RIGHT OUT OF CLOSING NEXT WEEK. AND THE REMAINING FUNDS WOULD GO TOWARDS PAYING THE I THINK IT'S THREE MIGHT EVEN BE FOUR YEARS BACK REAL ESTATE TAXES AT THE CLOSING THAT'LL ALL COME OUT OF THE CLOSING AND AND GET THE PROPERTY CLEARED UP AND BACK ON TO KIND OF A POSITIVE ASPECT FOR THE CITY RATHER THAN A NEGATIVE DRAW IN A NEGATIVE SCENARIO.
SO KIND OF IN A QUICK NUTSHELL, THAT'S WHERE WE ARE NOW.
I'VE GOT A COPY OF THE I DON'T KNOW WHO.
WHO WROTE THE LETTER, BUT IT'S CLEARLY AN ATTORNEY.
SOMEBODY WROTE A SUMMARY, WHICH IS ESSENTIALLY WHAT YOU JUST SAID.
ANYTHING FURTHER YOU HAVE AT THIS POINT? I DON'T THINK SO. I THINK IT'S A WIN WIN FOR EVERYBODY.
BUT I. IDENTIFY YOURSELF AND THEN PROVIDE THE CITY'S POSITION, PLEASE.
CONAN PERKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY.
THE CITY HAS NO OBJECTION IN A REDUCTION OF THE LANE.
PARAMOUNT. I WOULD ENTER AN ORDER TO THAT EFFECT.
[00:05:05]
20 DAYS. I MEAN, EXCUSE ME, 30 DAYS OR IT'S GOING TO GET REINSTATED.WE ARE SCHEDULED TO CLOSE NEXT WEDNESDAY.
IS THAT HOW THAT'S GOING TO WORK? THERE'LL BE AN ORDER ENTERED.
IT'LL PROBABLY BE SENT OUT TOMORROW.
SOMETIME TOMORROW TO YOU WILL BE EMAILED PERFECTLY FINE.
AND WHOEVER THE CLOSING AGENT WILL THEN HAVE IT AND THEN THEY CAN PUT THAT ON THE CLOSING STATEMENT.
OKAY. THEY MAY NEED A CERTIFIED COPY.
NORMALLY THEY'RE NOT GOING TO SIGN A RELEASE UNTIL TIL YOU GUYS GET PAID.
I UNDERSTAND THAT. SO THEY'LL, WE'LL CLOSE INTO ESCROW AND THEN.
BASICALLY WHAT HAPPENS IS IF IT CAN'T BE PAID AND WITHIN THE TIME AND THERE'S A.
SO IT WOULD BE WITHIN 30 DAYS.
AND YOU'VE GOT ANOTHER BUYER, SO TO SPEAK.
I DON'T THINK I HAVE ANY OTHER QUESTIONS.
DO YOU HAVE ANY FOR ME? PERFECT. THANK YOU VERY MUCH FOR YOUR TIME AND I APPRECIATE ALL YOUR HELP WITH KIND OF WORKING THROUGH THIS MESS.
OUR PROBLEM, CHILD. THANK YOU, SIR.
HAVE A GOOD DAY. OUR NEXT CASE TO BE HEARD IS CV 2279522 AT 829 BUCHANAN AVENUE SOUTHEAST.
AND REDUCING THE BALANCE ARE DEFINED THAT I HAVE ON THIS PROPERTY.
WELL, IT'S 3000 SOMETHING AND.
THE TIME THAT I GOT THEM THEY THEY THE LETTER ABOUT THE VIOLATIONS IT JUST SEEMS THAT IT YOU KNOW IT THEY THEY WERE SENDING IT OUT BEFORE FROM THE FROM THE DEPARTMENT THERE.
BUT I DIDN'T GET THE LETTER AT THAT TIME.
AND, AND WHEN I GOT IT, I CAME DOWN TO THE CITY TO THEM.
SO I'M JUST TRYING TO SEE IF I CAN GET THAT TO REDUCE A LITTLE OR WHATEVER YOU CAN DO FOR IT.
YES, BUT THAT'S WHAT THEY HAVE TO DO IS SEND IT.
I UNDERSTAND THAT. WHEN DID YOU FIND OUT ABOUT IT? ABOUT. ABOUT WHAT TIME I FOUND.
ARE JUNE SOMETIME THERE AND I CAME IN AND THEN THE CALCULATION.
I WENT RIGHT AWAY AND DID WHAT WAS REQUIRED FOR ME TO DO FOR THE PROPERTY.
BUT A MAXINE TO SEE IF I COULD GET SOME.
HE'S. BRIAN HARKINS, CODE ENFORCEMENT OFFICER, CITY OF PALM BAY, THAT HE HAS NO OBJECTION IN THE REDUCTION OF THE LANE WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED, WHICH IS $750.
AND THE CITY IS ALSO ASKING FOR 15% OF THE TOTAL LANE TO BE PAID OR A TOTAL OF $1,297.
[00:10:15]
DO YOU HAVE ANY THING IN RESPONSE TO THE CITY'S TESTIMONY? NO, SIR.JUST TO LET YOU KNOW THE CITY'S NORMAL COSTS.
AND THAT'S WHAT THEY'VE BEEN TESTIFYING FOR AT LEAST A YEAR NOW.
SO GENERALLY, I WILL ALMOST ALWAYS AWARD THAT UNLESS THERE ARE SOME.
THE QUESTION FOR THE CITY, WHEN DID WHEN WAS THE PROPERTY ACTUALLY BROUGHT INTO COMPLIANCE? A. JUNE 13, 2022.
A BASED UPON THE EVIDENCE PRESENTED.
I'M GOING TO GIVE A LITTLE BIT OF AN ENHANCEMENT.
I'M GOING TO REDUCE IT TO 900.
OKAY. AND AS I INDICATED TO THE PRIOR GENTLEMAN, THE ORDER WILL PROVIDE THAT IT BE PAID WITHIN 30 DAYS, AND IF IT'S NOT PAID WITHIN 30 DAYS, IT'S REINSTATED. SO YOU HAVE A PROBLEM PAYING IN THAT? NO, SIR. I APPRECIATE YOUR HELP.
AND THEN AS I'LL SEND, I'LL PREPARE AN ORDER AND SEND IT TO THE CITY AND THEY'LL SEND IT OUT TO YOU.
THANK YOU. I APPRECIATE YOUR HELP.
THANK. THE NEXT CASE TO BE HEARD IS ITEM NUMBER TWO ON THE AGENDA.
HI. MY NAME'S LIZ FAGAN, AND I HAD NO IDEA ANY OF THIS WAS GOING ON BECAUSE I HAD NO IDEA I HAD TO CHANGE MY MAILING ADDRESS ON THE BOARD OR THE BOARD PROPERTY APPRAISERS UNTIL MY EX-BOYFRIEND TOLD ME LAST YEAR, DID YOU BECAUSE HE RAN INTO THIS PROBLEM AND HE SAID, DID YOU EVER CHANGE YOUR ADDRESS? I SAID, NO, I DIDN'T KNOW I HAD TO.
I JUST I LIVED IN THE SAME HOUSE FOR 23 YEARS.
I JUST ASSUMED WHEN I SOLD MY HOUSE IT WOULD.
GOOD GO OFF. I DON'T KNOW WHAT I THOUGHT.
I DID CHANGE IT LAST YEAR WHEN HE TOLD ME THAT.
BUT EVIDENTLY THE CODE VIOLATIONS HAD BEEN GOING ON BEFORE THAT, WHICH AND I WOULD HAVE NEVER EVEN KNOWN ABOUT THIS HAD I NOT GOTTEN A LETTER FROM AN INVESTOR. AND THEN I ALMOST HAD A HEART ATTACK BECAUSE.
BUT HE NEVER GOT A NOTE LIKE A STICKER ON THE CAR.
[00:15:04]
THE TENANT. IT'S A TENANT BECAUSE WHEN I LIVED DOWN SOUTH, IF YOU HAD A CODE VIOLATION, THEY WOULD PUT A STICKER ON THE CAR OR OR WHATEVER IT WAS.AND THEN YOU KNEW YOU HAD A CODE VIOLATION.
SO I NEVER EVEN KNEW ANY OF THIS, AND HE DIDN'T KNOW ANY OF THIS.
SO I'M LIKE, DUMBFOUNDED WHEN I FOUND THIS OUT.
AND OF COURSE, THE WEEK I FOUND IT OUT, IT WAS CORRECTED.
I MEAN, I WOULD HAVE HAD IT CORRECTED BEFORE THIS HAD I KNOWN.
I'M JUST LIKE LIKE I SAID, FLABBERGASTED OVER ALL THIS.
AND SO I WOULD DEFINITELY LIKE A HUGE REDUCTION.
I STILL HAVE A SMALL MORTGAGE ON THIS PROPERTY.
AND THE BALANCE OF THE MORTGAGE IS WITH MY SOCIAL SECURITY IS MY INCOME.
I DON'T I DON'T HAVE A LOT OF MONEY.
I'M JUST, YOU KNOW, TRYING TO MAKE ENDS MEET.
WHAT IS YOUR CURRENT? 754 PALM SPRINGS CIRCLE, INDIAN HARBOR BEACH.
AND THAT'S I THAT'S WHAT I CHANGED IT TO LAST SEPTEMBER.
BUT LIKE I SAID, I DIDN'T KNOW THAT I EVEN HAD TO DO THAT.
BUT HIS POSITION. ST AMERICANS CODE ENFORCEMENT OFFICER CITY OF PALM BAY CITY HAS NO OBJECTION IN A REDUCTION OF THE LEAN WITH THE UNDERSTANDING THAT THE ADMINISTRATIVE FEES ARE COLLECTED, WHICH IS $750.
AND THE CITY IS ALSO ASKING FOR 13% OF THE TOTAL LEAN TO BE PAID, WHICH IS 2640, FOR A TOTAL OF $3,390.
ANYTHING THAT YOU WANT TO SAY IN RESPONSE TO THE CITY'S.
AND SO I SAID, IS EVERYTHING CLEANED UP? AND HE SAID, YES. WELL, THEN I WENT DOWN THERE AGAIN AND THERE WAS A CAR IN THE BACKYARD.
BUT I AND IF THERE IS EVER A LETTER SENT, HOPEFULLY THE NEXT TIME IT WILL BE SENT TO ME SO I CAN TAKE CARE OF IT BECAUSE NOW IT'S, IT IS CHANGED. AND LIKE I INDICATED TO THE PRIOR PEOPLE, THAT'S WHERE IT GOES AS TO WHATEVER IS LISTED WITH THE PROPERTY.
I MEAN, I LIVED THERE FOR 23 YEARS AND I'VE BEEN IN MELBOURNE FOR SINCE 2019.
I SOLD THAT HOUSE IN 2019, SO I WAS SHOCKED WHEN I FOUND OUT THAT I HAD TO CHANGE IT.
I HAD TO CALL BREVARD COUNTY TO FIND OUT HOW TO CHANGE IT.
JUST, YOU KNOW, WITH RESPECT TO.
DID YOU EVER HAVE ANY COMMUNICATIONS WITH THE CITY? NO. HOW DID THEY.
HOW DID THE CITY FIND OUT THAT THE HAD BEEN TAKEN CARE OF? OH, THEN AFTER I GOT THE LETTER FROM THE INVESTOR WANTING TO BUY THE PROPERTY BECAUSE THERE WAS A LEAN ON IT.
THEN I CALLED THE CITY AND THEN I STARTED TALKING WITH THE CITY.
OH, WHEN THAT WAS. APPROXIMATELY OH, A COUPLE OF WEEKS AGO, I SPOKE TO EMANUEL THAT THE CODE THE CODE ENFORCEMENT.
AND I TOLD HIM THAT, YOU KNOW, I HAD SPOKEN TO THE TENANT AND THAT THE CAR WOULD BE GONE.
AND HE SAID HE'D GO BACK OVER AND CHECK IT OUT.
AND HE DID. AND HE SAID IT WAS OKAY.
SINCE THERE'S AN AFFIDAVIT OF COMPLIANCE IN THE PACKAGE.
BUT. INSPECTION DONE ON JULY 29 AFTER THE ORDER OF THE BOARD WAS SIGNED.
THEN THERE WAS ANOTHER ONE ON SEPTEMBER SEVEN, 2022.
WERE THERE ANY OTHER INSPECTION DATES?
[00:20:03]
I DO NOT HAVE THAT INFORMATION, BUT WE DO GO AND CHECK THEM EVERY THREE MONTHS.PUT INTO COMPLIANCE WITH SEPTEMBER 7TH OF 2022.
I'M GOING TO DO IS I'M GOING TO ENTER AN ORDER REDUCING THE FINE.
FRONT OF THE BOARD. AND HOW LONG IT ACTUALLY WAS HERE.
I'M GOING TO ENTER AN ORDER REDUCING IT TO 20 $250.
CAN YOU GIVE ME 60? I INDICATED TO THE PRIOR PEOPLE THAT IF IT'S NOT PAID WITHIN THAT TIME, YOU HAVE IT REINSTATED UNLESS YOU ASK FOR AN EXTENSION.
WELL, I'D BE GETTING A LETTER.
THERE'LL BE AN ORDER ENTERED IN.
THAT'S GENERALLY HOW THEY DO IT.
IS IT EMAIL OR MAIL? THANK YOU SO MUCH. THANK YOU.
LET'S FIND. KNOW TO.
* This transcript was compiled from uncorrected Closed Captioning.