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Buyer asks magistrate to ease lien so sale can close; county says compliance required before removal
Summary
An investor seeking to buy a property with outstanding code liens requested a conditional release to close; county staff said state statute requires compliance before liens are removed and offered to negotiate a post-compliance reduction to prosecution costs instead.
A buyer scheduled to close on a county-property with outstanding code-enforcement liens asked the Special Magistrate for a conditional release so the sale could proceed.
County staff (Missy Daniels) explained that statute and county ordinance generally require a property be brought into compliance before a magistrate can consider reducing fines or rescinding liens. County counsel objected to removing liens prior to verified compliance but told the magistrate the county was willing to work with the buyer to draft a written agreement: if the buyer (or the buyer’s contractor) brings the property into compliance within an agreed timeline, the county would consider reducing the assessed fines to prosecution costs and then removing the lien.
The buyer, Jonathan Francisco Cruz, said he had funds approved for acquisition and renovation and asked for a payoff letter and a conditional arrangement to allow his lender to proceed with financing; he said his contractor could file permits post-closing but the lender would not allow a lien on title. Magistrate: The magistrate said he lacked legal authority to remove liens before compliance but encouraged the parties to draft an agreement and explore whether the existing owner could sign for permits so work could begin prior to transfer.
Outcome: The magistrate declined to grant a pre-compliance lien release, advised county and buyer to negotiate a timeline and agreement, and suggested reducing fines to prosecution costs once compliance is documented.
