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Council directs city attorney to begin foreclosure proceedings on liened lot at 400 North Lawndale
Summary
Councilors directed the city attorney to begin foreclosure on a 2016 demolition lien of $14,435.07 for the 400 North Lawndale property after staff said the lien had gone unpaid and tax certificate holders may claim rights if the city does not act.
City staff and the city attorney asked the Committee of the Whole for direction to begin foreclosure proceedings on a lien placed after a 2016 demolition at 400 North Lawndale.
John Oliphant summarized the history: the city demolished a house in 2016 and placed a lien of $14,435.07 to cover demolition costs, attorney fees and court costs. He said the property's taxes have been sold in recent years and the owner of record is Terry Breen, who may still reside in Bartonville. Oliphant said staff believes foreclosure is the appropriate next step given the age of the lien.
Mark Walton, the city attorney, described the typical municipal process for demolition liens: the lien functions like a mortgage and the city has the right to foreclose if required work is not paid for. Walton said foreclosing typically leaves the city with a vacant lot and municipalities commonly solicit interested buyers (often neighbors) with an RFP to recoup some costs, though full cost recovery is not guaranteed.
Walton also noted that tax‑certificate holders (tax buyers) receive notice in any foreclosure process and may assert rights; if a tax deed is applied for the city must act or risk losing the lien. The mayor asked whether anyone objected; hearing none, the council directed the city attorney to proceed with foreclosure work.
