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Magistrate Takes Under Advisement Town's Request to Foreclose $594,650 Lien on 80 Avenue E in Fort Myers Beach
Summary
At a special magistrate hearing, Fort Myers Beach attorneys debated whether the town may foreclose a code-enforcement lien on 80 Avenue E; the magistrate reserved decision after hearing contested records and arguments about a $50,000 partial release and earlier foreclosure authorizations.
A special magistrate hearing in Fort Myers Beach on a request to authorize foreclosure of a code-enforcement lien on 80 Avenue E ended with the magistrate taking the matter under advisement.
The town sought permission to file a foreclosure in circuit court on a lien recorded March 27, 2019, in code-enforcement case CE14-0394. Assistant Town Attorney Chloe Berryman told Special Magistrate Monica Schmucker the lien arose from long-standing violations dating to 2014 and that fines accrued at $250 per day. Berryman said affidavits and exhibit materials show a total due under the lien of $594,650 and that the statutory prerequisites in Florida Statutes section 162.09(3) had been met, so the town asked the magistrate to "enter an order authorizing the town attorney to foreclose the code-enforcement lien."
The respondent's attorney disputed the town's request and argued the town previously sought and obtained authorization to foreclose on a different recorded instrument. "The foreclosure request is invalid. It…
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