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Council authorizes two lien foreclosures with not-to-exceed legal caps
Summary
Council authorized town staff to proceed with foreclosure litigation on two liened properties and approved engaging attorney James Ferrara (Hinshaw Culvertson) with fee caps (capped at $25,000 per property) to limit exposure.
The council on Dec. 10 authorized staff to pursue foreclosure litigation on two properties with outstanding town liens. Town attorney presented the files and recommended retaining attorney James Ferrara (Hinshaw Culvertson) to handle foreclosure litigation. For each property the council authorized legal engagement with a not-to-exceed fee cap of $25,000 to ensure cost controls and asked staff to provide updates if additional funds were needed.
The attorney briefed council that one property (Hayden Road) appears likely to be uncontested and may result in town ownership after lien satisfaction; the other property carries multiple superior liens that may limit town recovery. Councilmembers asked for a fee cap and agreed to authorize litigation, acknowledging that outcomes and recovery amounts could vary.
Next steps: town staff will retain counsel under the approved caps and file foreclosure actions after the new year; staff will report progress and costs to council.
