GMAC Mortgage - Case #15-019 - Satisfiedt tllitt llttt lltlt ttltt tlltt ltltt tllt flit
FILE NUM 20133001747
OR BK 802 PG 839
SHARON ROBERTSON• CLERK & COMPTROLLER
OKEECHOBEE COUNTYP FLORIDA
RECORDED 02/12/2018 09:45:43 AM
RECORDING FEES $16.00
SATISFACTION OF LIEN'F;9`"839; (1 P9)Mpwbaur n
This is to certify that the claim of lien in the sum of fourteen thousand six hundred twenty five dollars
and no cents ($14,625.00) filed by and on behalf of the Code Enforcement Board, Okeechobee,Florida,
on October 2 , 20 15 , and recorded in Book 765 , Page 1256 , of the public records of
Okeechobee County, Florida against the following described real property:
GMAC Mortgage LLC Case #15-019
213 NE 8`h Avenue, Okeechobee, FL
Lot: 14 Blk: --- Section: River Run Resort
Parcel# 3-15-37-35-021A-00000-0140
has been satisfied by payment of the reduced sum of seven thousand one hundred ninety four dollars
and ninety-nine cents ($7,194.99), on January 12 , 20 18 , in that said payment has been received by
the City of Okeechobee, and that the undersigned is authorized to and does hereby release it's lien as
to the whole of the above described real property, and consents that the same be discharged of record.
CODE ENFORCEMENT BOARD OF THE
CITY OF OKEECHOBEE, FLORIDA
Chairperson
ATTEST:
Recording Secrefary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
PERSONALLY appeared before me the undesigned authority, Jamie Gamiotea ,
and Sue Christopher , well known to me and known by me to be the Chairperson and
Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD.
SWORN TO AND SUBSCRIBED before me this
D day of , 20
Notary Public
My Commission Expires:
rd �1�ytr au,4�c IOM BARNES
Please return to: City of Okeechobee, 55 SE 3 Avenue, Okeechobee, FL 34974 * Moo";
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CITY OF OKEECHOBEE,
-vs-
PETITIONER,
RESPONDENT,
GMAC Mortgage LLC /
LIEN / ORDER
CODE ENFORCEMENT BOARD OF
THE CITY OF OKEECHQ 5 , a
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FLORIDA.; ; o m N
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CASE NO. 15-019
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THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public
hearing on _July 14 _, 20 15 . After due notice to the respondent, the Board having heard
evidence on the alleged violation by witnesses or affidavit makes the following findings:
A. FINDINGS OF FACT:
Lot: 14 Blk: ---- Section: River Run Resort
Parcel# 3-15-37-35-021A-00000-0140
Property location: 213 NE 8`' Avenue, Okeechobee, FL
Property owner: GMAC Mortgage LLC
Property has been found to have overgrown grass and needs general cleaning.
B. CONCLUSIONS OF LAW:
The owner of the property described above has been found in violation
of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning.
C. ORDER: The City of Okeechobee Code Enforcement Board has determined you
have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General
cleaning concerning your property located at 213 NE 8' Avenue, Okeechobee, FL 34972
If you do not correct the violation within seven (7) days after receipt of this notice , or notify
the Code Enforcement Officer of the correction, the Board imposes a fine of $_15.00--- per day
commencing that date and continuing daily until the violation is corrected or the city is notified
by you and verifies the correction, which ever first occurs. Further, if you do not correct the
violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of
the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien
on real and personal property pursuant to Florida Statute 162. You have a right within thirty
days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee
County, Florida. If you correct the violation prior to the above date, it is your obligation to
contact the Code Enforcement Officer to verify such compliance.
AGREED AND ORDERED this 14� day of _�wl , 20 15 .
CITY OF OKEECHOBEE, Petitioner GMAC Mortgage LLC Respondent
CODE ENFORCEMENT BOARD
City of Okeechobee, Florida
f f'/Z
Cha' K erson
ATTEST:
Ch"
Recording Secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea ,
Fred Sterling__ and Sue Christopher , well known to me and known by me
to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary,
respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD.
SWORN TO AND SUBSCRIBED before me this -0 day of ILI 20/
NOTARY PUBLIC
My Commission expires: OVUL a� i 01
KIM BARNES
MY COMMISSION M EEIii906
EXPMM: Ap u 23.2016
Please return to: City of Okeechobee Code Enforcement
55 SE 3`d Avenue
Okeechobee, FL 34974
(863) 357-1971
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FILE NUN 201800174-7
OR BK 802 PG 839
SHARON ROB`
cI..ERK. & cOMPTROi..�_F'R
OKEECHOBEE COUNTY9 FLORIDA
RECORDED 02/12/2018 09:45:43 AM
RECORDING FEES $1i'04 11)
SATISFACTION OF LIENf;,ECORDED BY Miewbo rn
This is to certify that the claim of lien in the sum of fourteen thousand six hundred twenty five dollars
and no cents ($14,625.00) filed by and on behalf of the Code Enforcement Board, Okeechobee,Florida,
on October 2 .20 15 , and recorded in Book 765 , Page 1256 , of the public records of
Okeechobee County, Florida against the following described real property:
GMAC Mortgage LLC Case 415-019
213 NE 8th Avenue, Okeechobee, FL
Lot: 14 Blk: --- Section: River Run Resort
Parcel# 3-15-37-35-021A-00000-0140
has been satisfied by payment of the reduced sum of seven thousand one hundred ninety four dollars
and ninety-nine cents ($7,194.99) , on January 12 , 20 18 , in that said payment has been received by
the City of Okeechobee, and that the undersigned is authorized to and does hereby release it's lien as
to the whole of the above described real property, and consents that the same be discharged of record.
CODE ENFORCEMENT BOARD OF THE
CITY OF OKEECHOBEE, FLORIDA
Chairperson
ATTEST:
�SZ..
Recording Secr ary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
PERSONALLY appeared before me the undesigned authority, Jamie Gamiotea ,
and Sue Christopher , well known to me and known by me to be the Chairperson and
Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD.
SWORN TO AND SUBSCRIBED before me this day of , 2019.
Notary Public
My Commission Expires:
KN BARNES
Please return to: City of Okeechobee, 55 SE 3`d Avenue, Okeechobee, FL 34974 , W COMMISSION I FF GYM
�, �� EXPIRES:A;d 25,2020
OF - Ok, y
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CODE ENFORCEMENT BOARD CASE # 15-00019
NOTICE OF VIOLATION
4/16/2015
GMAC MORTGAGE LLC
8400 NORMANDALE LAKE BLVD. STE. #175
MINNEAPOLIS, MN 55437-1073
RE: LOT: 14 RIVER RUN RESORT PARCEL: #3153735021A000000140
A violation of local codes involving your property within the City of Okeechobee has been cited.
PROPERTY LOCATION: 213 NE 8TH AVENUE, OKEECHOBEE, FL
NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance
CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS AND CLEAN PROPERTY
The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code
Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement
Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition
a twenty-five dollar administrative fee may be charged if the violation is not corrected prior to mailing the notice to appear
before the Code Enforcement Board.
If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation
has been corrected prior to the hearing.
If you have any questions regarding this notice, please contact me at 863-357-1971.
Sincerely,
c—�F ed S erling
ode Enforcement, fficer
(863) 357-1971
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
GMAC MORTGAGE LLC
8400 NORMANDALE LAKE BLVD.
SUITE #175
MINNEAPOLIS, MN 55437-1073
A. Signatur
X Agent
❑ Addressee
B. Received by (Printed Name) TC.ate of Delivery
� LO
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Se ice Type
Certified Mail® Q Priority Mail Express'"
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7014 2120 0003 2306 0483
(Transfer from service label)
PS Form 3811, July 2013 Domestic Return Receipt
CODE ENFORCEMENT BOARD OF CASE NO. 15-00019
THE CITY OF OKEECHOBEE, FLORIDA
CITY OF OKEECHOBEE
Petitioner,
-vs-
GMAC MORTGAGE LLC
Respondent(s)
NOTICE OF VIOLATION / NOTICE OF HEARING
Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the
undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of
uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and
hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following:
1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance
2. Location of Violation: 213 NE 8TH AVENUE, OKEECHOBEE, FL
3. Legal decription: Parcel # 3153735021A000000140
4. Respondent(s) name & address: GMAC MORTGAGE LLC; 8400 NORMANDALE LAKE BLVD. STE. #175
MINNEAPOLIS,IMN 55437-1073
i
5. Description of violation: PLEASE MOW OVERGROWN GRASS AND CLEAN PROPERTY
6. Date by which violation is to be corrected: 7/01/2015
NOTICE IS HER GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third
Avenue, Okeechobee, Florida on the 14th day of July, 2015 , at 6:30 p.m.
If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all
violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid
an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your
property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation,
the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may
include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of
repairs required'to bring the property into compliance pursuant to Section 162.09(1).
You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC
HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the
alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an
accurate record of the proceeding is taken for an appeal.
Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the
property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and
copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the
disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed.
DATED THIS I-1 day of :Ivo Q. , 2015
CODE ENFORCEMENT BOARD
55 SE 3rd Avenue
Okeechobee, Florida 34974
r d Stering
Code Enforcement ficer
(863) 357-1971
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
IN Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
GMAC MORTGAGE LLC
8400 NORMANDALE LAKE BLVD,
SUITE 4175
MINNEAPOLIS, MN 55437-1073
A. Sign
atur
X L,1,0-2ElAgent
❑ Addressee
B. Received by (Printed Name) C. Date of Deli ery
D. Is delivery address different from item 1 ❑ Yes
If YES, enter delivery address below: Pl1q.
3. Service Type
N11 '"
Certified Mail® ❑ Priority Mail Express
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
_._
2. Article Number 7014 2120 0003 2306 0704
(Transfer from service label)
PS Form 3811, July 2013 Domestic Return Receipt
In Re: tax certificate surplus
Certificate no. 3393-2015
STATEMENT OF CLAIM TO SURPLUS FUNDS
THE UNDERSIGNED, as authorized representative for the City of Okeechobee, Florida,
Files this statement of claim to surplus funds held by clerk of court, Okeechobee county, Florida, upon
The following:
1.THAT the clerk of court, Okeechobee County, Florida held a duly advertised tax sale of real
property on December 14, 2017, concerning the following described property:
Lot 14, RIVER RUN RESORT located at 213 NE 8th Avenue
Okeechobee, Florida; parcel i.d. # 3-15-37-35-021A-00000-0140
Record title with GMAC Mortgage, LLC
8400 Normandale Lake Blvd,
Minneapolis, MN 55437-1973
THAT this sale resulted in a surplus of funds in the amount of $8,691.92, less clerks fees, costs
and superior liens.
3. THAT the City of Okeechobee, Florida, claims the surplus held by the clerk pursuant to F.S.
197.502(4) to the extent the claim is superior to any other claim, lien or mortgage, upon the following
circumstances:
a. That the City of Okeechobee, Florida has a duly appointed code enforcement board
constituted of residents of the City pursuant to Ch. 162 Florida statutes, and an appointed
code enforcement officer to investigate code violations and with the authority to issue
citations for such violations.
b. That the property subject to this tax sale and surplus, Lot 14, RIVER RUN RESORT, was issued
a curtesy letter dated April 16, 2015 that a code violation was detected, and to come into
compliance with all city codes. (attached exhibit "A") That upon failure to comply, the code
officer issued a notice of violation with notice of code board hearing on June 19, 2015
(attached exhibit "B"), and assigned case no. 15-00019. Said notice was received by GMAC
on June 22, 2015 via certified mail (attached exhibit "C) That at a duly advertised code
enforcement board meeting on July 14, 2015, at which time the land owner failed to appear,
the code board found the property to be in violation, and ordered a daily fine to accrue of
$25.00 which commenced on August 1, 2015, which was recorded at a lien against the
property with the clerk of court at OR Book 765, page 1256, public records, Okeechobee
county, Florida (attached exhibit "D")
c. That the property was eventually cleaned and came into compliance with city codes on
March 8, 2017, at which time the daily fine terminated, leaving an accrued balance owed on
the lien from commencement to termination of 585 days in the amount of $14,625.00,
which to date remains unsatisfied; (attached exhibit "E") and which forms the basis for the
claim of the City to the surplus funds of $8,691.92.
4. THAT the City of Okeechobee received notice from Okeechobee county Florida on December
20, 2017 of surplus funds from the sale, and files this statement of claim within ninety days
thereof as required.
Dated this 22 day of December, 2017.
THIS AFFIDAVIT IS EXECUTED IN GOOD FAITH UPON PERSONAL KNOWLEDGE OF AFFIANT
FURTHER AFFIANT SAYETH NOT
WITNESS FRED STIRLINYechobee Code Officer City of O
W NESS -
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
BEFORE ME, appeared FRED STIRLING, who is personally known to me, and upon being
sworn according to law, states that the foregoing is true and correct, and based upon his
personal knowledge pertaining to the subject property, and who executed the foregoing for the
purposes stated herein.
SWORN TO AND SUBSCRIBED this,2,�day of December 017
NO"
NOTARY BIC State of Florida
My commission expires:
(hook jo A kL u ns
Printed notary name
Prepared by:
John R. Cook
""• BOBBIE JO JENKINS
City Attorney ;�,.�•"�•�c�
+ *=
Commission # FF 975408
= My Commission Expires
4M~� March 24, 2020
NOTICE
CHAPTER 197.582(2), FLORIDA STATUTES
CONTROL NUMBER: 2017TD206 CERTIFICATE NUMBER: 3393-2015
LEGAL DESCRIPTION: RIVER RUN RESORT SD LOT 14
PURSUANT TO CHAPTER 197, F.S., THE ABOVE PROPERTY WAS SOLD AT
PUBLIC SALE ON Dec -14-2017. A SURPLUS OF $ 8,691.92 LESS CLERK'S FEES
AND COSTS, AND ANY UNPAID GOVERNMENTAL LIENS WILL REMAIN AND
BE HELD BY THIS OFFICE FOR A PERIOD OF NINETY (90) DAYS FROM THE
DATE OF THIS NOTICE FOR THE BENEFIT OF PERSONS HAVING INTEREST IN
_ THAND TO THIS PROPERTY AS DESCRIBED IN CHAPTER 1.97.502(4), F.S., AS _
EIR INTERESTS MAY APPEAR. THESE FUNDS WILL BE USED TO SATISFY
IN FULL, TO THE EXTENT POSSIBLE, EACH SENIOR MORTGAGE OR LIEN IN
THE PROPERTY BEFORE DISTRIBUTION OF ANY FUNDS TO ANY JUNIOR
MORTGAGE OR LIEN.
IN ORDER TO BE CONSIDERED FOR DISTRIBUTION OF THESE FUNDS, YOU
MUST SUBMIT A STATEMENT OF CLAIM TO THIS OFFICE, THAT IS
NOTARIZED AND SIGNED IN THE PRESENCE OF TWO (2) WITNESSES. THIS
STATEMENT OF CLAIM MUST DETAIL THE PARTICULARS OF YOUR LIEN,
AND THE AMOUNTS CURRENTLY DUE, WITHIN NINETY (90) DAYS OF THE
DATE OF THIS NOTICE. A COPY OF THIS MUST BE ATTACHED TO YOUR
STATEMENT OF CLAIM. AFTER EXAMINATION OF THE STATEMENTS OF
CLAIM FILED, THIS OFFICE WILL DISBURSE ACCORDING TO PRIORITY. FOR
THE PERIOD AFTER 90 DAYS ALL CLAIMS ARE PROCESSED THROUGH THE
BOARD OF COUNTY COMMISSIONERS.
DATED THIS 15th day of December, 2017.
SHARON ROBERTSON
CLERK OF CIRCUIT COURT
AND COMPTROLLER
OKEECHOBEE, FLORIDA
312 NW 3rd STREET, SUITE 155
OKEECHOBEE, FLORIDA 34972
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