Special magistrate authorizes foreclosure or money-judgment suit for Loxahatchee Groves property

The Special Magistrate authorized the Town of Loxahatchee Groves to either foreclose on the property at 1032 Hyde Park Road or to file an action to recover a money judgment for unpaid code-enforcement liens, after the town showed certified recorded orders and testimony that liens remained unpaid.

The town presented case files showing multiple recorded orders and certified-stamped copies of liens tied to several case numbers. Anthony Nianakis, a code compliance officer for the Town of Loxahatchee Groves, testified that the current owner is Eldad Itzkovich and that the liens remained unpaid as of Feb. 3, 2025. The town said notices were served by certified mail, posted at the property and at Town Hall, and that signed green cards and affidavits of service are in the case file.

Katie Edwards Walpole, attorney for the respondent, acknowledged receipt of recorded orders emailed by the town and noted the property’s Save Our Homes (homestead) status on the Palm Beach County Property Appraiser printout; she asked that the homestead status and statutory caps on fines be placed on the record. The town’s counsel said the magistrate hearing’s scope was limited to authorization and that issues such as homestead exemptions or ultimate defenses would be addressed if the town files suit.

After reviewing the recorded orders and the town’s testimony, the Special Magistrate found that the statutory conditions for authorization under chapter 162 had been met—each relevant order bore the town clerk’s certified stamp, had been recorded in the public record for more than 90 days, and the liens remained unpaid—and issued an order authorizing foreclosure or a suit to recover money judgment. The magistrate said the town will send certified notice of the order to the respondent and provide electronic copies.

Clarifying details from the town’s presentation list individual case numbers and recorded amounts. The town reported these outstanding amounts as of Feb. 3, 2025: case 202006122 — $141,900; case 22050001 — $198,250; case 20030035 — $165,250; case 23050031 — $153,500; case 23080004 — $121,250; case 23090001 — $269,000. The town summed the outstanding fines as $1,039,150. The town also recorded that no permits were issued for the property and that notices were posted and mailed on Jan. 23, 2025.

The order grants the town the option to proceed with foreclosure or pursue a money judgment for the lien amounts; it does not resolve defenses the owner may raise in court. Any further legal challenges or claims about homestead status were described by both sides as matters for later adjudication if the town files suit.

The town will provide copies of the magistrate’s order to the respondent and to counsel by certified mail and electronically.