Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Dispute topic
No spam. Unsubscribe anytime.
Van Buren County attorney authorized to draft deed of trust to secure disputed $29,000 claim
Summary
County Attorney Upchurch reported a negotiated resolution with property owner Barry Austin and commissioners voted unanimously to authorize drafting a deed of trust and promissory note so the county can secure an alleged $29,000 obligation; final documents will return to the commission for approval.
County Attorney Upchurch told the Van Buren County Commission that executive-session negotiations with Barry Austin’s attorney, Randall York, produced a proposed resolution to secure an outstanding obligation tied to property conveyed in 2020. "Mr. Austin...has agreed that the obligation due...is $29,000," Upchurch said, and he described filing a lien on the property on the county’s behalf.
Upchurch said the agreement would not be completed that night and that the county was not accepting cash at the meeting. Instead, he asked the commission to authorize him to prepare a deed of trust and a promissory note that would, if executed by Austin, make the county’s claim a secured interest in the property. "That authority to go ahead and draw up the documents, to present them to Mr. Austin to get his signature and then to come back before you to determine whether or not that's the way you intend to resolve this dispute," Upchurch said.
Commissioners clarified that the motion would not finalize acceptance of funds. One commissioner asked whether the terms of any note would continue the original contract; Upchurch said there is no original contract and that the note’s terms would be set out in the deed of trust and likely return to the commission for approval. After a motion and second, the commission voted by roll call to authorize Upchurch to draft the deed of trust and promissory note; the roll call in the transcript recorded unanimous approval.
The authorization gives the county attorney authority to prepare documents for Mr. Austin’s review and signature. Upchurch said that, once executed, a deed of trust would place Van Buren County in a secured position similar to a lender and that foreclosure would follow statutory methods if the obligation were defaulted on. The commission did not approve accepting payment or settling the claim that night; any final acceptance of funds or specific note terms will be returned to the commission for formal approval.
