Magistrate pauses foreclosure on Flagler Beach life estate; heirs given time to bring property into compliance

Flagler Beach’s special magistrate granted a temporary forbearance on foreclosure for a residential property subject to an estate dispute, allowing the owner’s heirs time to bring the house into compliance.

The magistrate said attorneys for the interested family contacted the city and indicated there was a roofing contractor ready to make repairs if the city would pause foreclosure efforts. The commission previously authorized a forbearance of enforcement steps for 90 days; the magistrate confirmed that forbearance will extend at least through January so the heirs can correct the code violations and then petition the commission to address fines.

The decision follows months of unresolved exterior repairs and ongoing fines for the Iris Claxton life estate property. The magistrate said counsel told the city that Claxton was largely out of the house and had been hospitalized during much of the period of neglect. After heirs or other estate representatives engaged counsel and proposed remediation, the city agreed to postpone foreclosure to let repairs proceed.

At the last calculation presented to staff, fines and civil penalties were “just shy of $40,000,” the magistrate said. Staff advised that if the property is returned to compliance and lien amounts are paid, the foreclosure action would be unnecessary and the matter could be closed. The magistrate did not set a new hearing date but said the forbearance provides a window for the heirs to procure repairs and then request a reduction or resolution before the commission.

The case will remain open while enforcement fines continue to accrue until compliance is achieved; staff said they would notify parties if further foreclosure steps become necessary.