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Commission approves $30,000 settlement payment in foreclosure-notice dispute
Summary
The commission approved paying $30,000 to resolve a demand over an alleged failure to notify a mortgagor in a tax-foreclosure; the county’s insurance carrier (Inderf) will cover the bulk of the claim and send funds to enable the county to pay plaintiffs.
County legal counsel informed commissioners the county had received a demand related to a tax-foreclosure notice error and recommended settlement using county insurance resources.
The commission approved a motion to authorize payment of $30,000 to resolve the claim. County counsel described negotiations with the county’s insurance provider (Inderf) and said Inderf would pay approximately $23,628.80 while the county would provide proceeds of $6,371.20 from the foreclosure sale to satisfy the remaining amount. "Ultimately, it's been decided, and it's within our coverage with Henderf, that the demand for $30,000 ... should be paid out of the policy," counsel said.
The commission voted to approve payment; Inderf will transmit funds to the county and county staff will make payment to the plaintiffs. No policy change was enacted; the county attorney said the matter stemmed from a human error rather than a systematic policy failure and that the county's insurance reserve fund exists for such cases.
