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Biscayne Park owners say closing statement showed payment; board says no village record and refuses to release liens
Summary
David and Nancy/Alfred Dawson told the Village of Biscayne Park Code Compliance Board they believed a 2014 closing statement showed funds used to satisfy liens; village staff said no receipt exists in village records and the board declined to release liens without documentary proof, directing the owners to provide escrow or bank statements.
At the May 13 meeting of the Village of Biscayne Park Code Compliance Board, David and Nancy/Alfred Dawson sought clarity on lingering liens attached to properties they purchased years ago and presented a 2014 closing statement that, they said, showed a $20,000 payment intended to resolve outstanding liens.
David Dawson said the closing documents and discussions at the time led him to believe the funds were transmitted to the appropriate parties. "On our closing statement it shows that those funds were collected from us and they should compare their escrow account," he told the board, adding he had paid attorneys and engaged counsel to defend title issues.
Village staff, represented by Dorian Grant, said staff had searched village records and found no receipt, check or release documenting a $20,000 payment to the village. The village attorney's notes, staff said, show no record of funds or releases that would permit a lien removal. Board members stressed the board cannot release liens without documentary proof of satisfaction.
During a sustained back-and-forth, the Dawsons and their counsel described payments, reductions and earlier hearings that had, in their view, created expectations of title clearance. Staff countered that reductions and reinstatements of liens are recorded in the village system and any payment would generate a record that the village would use to release the lien.
The board declined to authorize any lien release at the meeting and advised the property owners to supply bank statements, attorney escrow records or checks showing payment; staff said it will review any such documentation and, if valid, process a release. Meanwhile the liens remain on title and the owners were told they could apply for formal relief once documentary proof is submitted.
Next steps: the board set no immediate release; owners were told to return to a future meeting with documentary proof to support any request to release the liens.
