Code Compliance Board releases HUD-owned parcel from lien, keeps fine attached to former owner

The Daytona Beach Code Compliance Board on June 12 voted to release a lien on a HUD-owned parcel while leaving the monetary lien attached to the former owner, Melissa Casper, allowing a prospective buyer to close on the property without that parcel encumbrance.

City staff told the board that HUD had brought the property into compliance and requested in a letter that the lien on the parcel be released. "HUD put it in compliance, and HUD did request in a letter a full release," a city staff member said during the hearing. Board members debated whether acting in the owner's absence created a due-process risk; the city attorney advised the board that because the owner filed the lien-review request and did not appear, the board could decide the matter in absentia.

Why it matters: Releasing the lien on the parcel clears the title for the buyer and may allow rehabilitation and occupancy to proceed more quickly. The board's action does not erase the underlying financial obligation: board members voted to keep the lien recorded against the former owner so the debt could be pursued against other property owned by that individual.

Board action and discussion: A board member moved to follow the city attorney's recommendation to remove the lien from the HUD parcel but keep the lien attached to the owner, Melissa Casper. The motion was seconded and carried by an affirmative voice vote. The board recorded the motion as: release the lien on the parcel held by HUD; maintain the lien as a personal liability against Melissa Casper. The city attorney explained the legal rationale and addressed a due-process question raised by the board, noting that the owner had filed for the lien review and therefore had been given notice.

What board members and participants said: The board heard from the prospective purchaser, who said he had the property under contract and would like the parcel released so he could close and invest in repairs. City staff reiterated that HUD had requested release and that the property was in compliance. The city attorney cautioned that releasing the parcel-encoded lien while leaving a personal lien avoids encumbering a HUD property while preserving the board's ability to collect from the party originally charged.

Next steps: The board's order removes the lien from the parcel record so the buyer can proceed. The outstanding lien remains on record against Melissa Casper; the transcript records that HUD requested the release by letter but did not indicate HUD would pay the fine. The purchaser said he would proceed with his planned closing and would return if any follow-up was required.