Item Coversheet
Town of Miami Lakes
Memorandum

To:Honorable Mayor and Town Council
From:Raul Gastesi, Town Attorney
Subject:Settlement of Foreclosure Matter
Date:11/1/2016

Recommendation:
On July 8, 2014, the Town Council passed Resolution Number 14-1232.The Resolution authorizes the Town Manager, in limited circumstances and in coordination with the Town Attorney, to reduce the amount of civil penalties and costs owed to the Town arising from liens pertaining to code enforcement matters. The Resolution specifically authorizes the Town Manager to exercise the authority granted in circumstances where the Town Manager and the Town Attorney find that it would be imprudent to delay a decision on a request for reduction until the Town Council's next regularly scheduled council meeting due to the imminent nature of a bankruptcy and/or foreclosure proceeding which will directly affect a property owner's interests in their property or due to the imminent nature of a transaction that is pending with regard to a property affected by a Town lien where said property is located outside of the Town but within Miami-Dade County. The Resolution limits the Town Manager's exercise of authority to a) circumstances where the Town Manager and the Town Attorney find that is in the best interest of the Town to make a decision on a request for reduction prior to the Town Council's next regularly scheduled council and b) circumstances where the Town Manager finds that the violation that gives rise to the lien has been cured. The Town Manager is to exercise the powers granted by Resolution 14-1232 in consultation with the Town Attorney. The Town Manager and/or the Town Attorney are to provide a report at the next regularly scheduled Town Council meeting after the satisfaction or release of lien is issued.

Background:
There are two pending foreclosure matters that the Town Attorney may negotiate, in consultation with the Town Manager, prior to the November 1, 2016 Town Council meeting. If the matters are negotiated, the Town Attorney will provide a report as to the negotiated settlement.