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Special magistrate authorizes foreclosure on Deltona property after unpaid municipal liens
Summary
A Deltona special magistrate authorized the city attorney to proceed with foreclosure on 779 Tulip Street after municipal liens remained unpaid more than 90 days; the property is not homestead and the city says proceeds were received at sale but liens remain unsettled following a rejected reduction request to the commission.
The special magistrate authorized the City of Deltona to pursue foreclosure on municipal liens attached to 779 Tulip Street, concluding statutory notice periods have elapsed and liens remain unpaid.
Why this matters: Municipal lien foreclosure is the city's legal mechanism to recover unpaid code-enforcement and maintenance costs. The magistrate found that the property is not homestead and that the statutory conditions to proceed with foreclosure under the city code were met.
Todd Mead, code compliance officer, said the property has multiple related lien case numbers and that the city previously considered a reduced payoff at a commission meeting but the city commission rejected the recommended $10,000 compromise. Mead told the magistrate that the home was sold and that closing documents showed proceeds were available to address liens, but the homeowner did not remit payment after the hearing on a requested reduction. The city requested authority to move forward with legal foreclosure under City of Deltona code section 2-154, which allows the city attorney to begin foreclosure proceedings when liens remain unpaid 90 days after recording.
The magistrate reviewed records, confirmed the property is not claimed as homestead, and granted the city attorney authority to initiate foreclosure to collect municipal liens and fees. The order directs the city attorney to proceed as permitted by ordinance.
Ending note: The magistrate's authorization starts the city's legal foreclosure process; any homeowner rights to challenge foreclosure in court remain available under Florida law.
