Commisioners: A Deal?s A Deal With Stories

[Smiling JOe]

What happens when the current owner/builder is foreclosed upon, and the bank takes ownership, then sells "as-is," where some person sitting in an office in Tallahassee negotiates the seller's side of the transaction, not having a clue about the County's order which was delivered to the owner of record at the time? There are things which may assist in bringing it to the attention of a future buyer, but they are not fool-proof. The County not ordering a date to complete the work, leaves an open book in many respects.

Here's a note of awareness to all. Sellers and buyers will often lie to their Realtors, so do your DD, and work with a Realtor who is well-informed of the local happenings. There are several who fit that description, here on SoWal.com. Also note that it would be nearly impossible for any Realtor to know everything about a particular property. However, he or she can make sure you, as a buyer, requests a property disclosure statement to be part of the contract, which would at least cover some basic steps for your protection.

 

[Yahoodie]

Isn't it a fact that any liens or judgements placed on a property would then be a cloud on the title? This would then be quickly exposed to any buyer who applies for title insurance

 

[Smiling JOe]

I know that liens cloud the title, but I'm uncertain how a Board of County Commissioners' ruling affects title. A Court Order would certainly affect title, but I'm not sure about something coming from the BCC.

In the mean time, with no time limits to make the change, the builder remains in violation without penalty, and no urgency to make the changes to the buildings, and the residents and property owners in that area suffer.

 

[wrobert]

I know that liens cloud the title, but I'm uncertain how a Board of County Commissioners' ruling affects title. A Court Order would certainly affect title, but I'm not sure about something coming from the BCC.

In the mean time, with no time limits to make the change, the builder remains in violation without penalty, and no urgency to make the changes to the buildings, and the residents and property owners in that area suffer.

I see what you are saying. There is no way just a ruling of the BCC is going to show up. If they were acting in a quasi-judicial body at the time, the attorney, I am guessing, would have to write up an order and have the chairman sign it and get it recorded to cloud the title. At least that is what I understand.


Probably need to start a new thread but I saw pictures of that Eagle's something project in inlet beach Thursday night. That is a mess.

 

[Andy A]

I've got the perfect solution, though very simplistic. Tear em down and start over.

 

[Smiling JOe]

My guess is that is exactly what they will have to do, Andy A, not by requirement, but due to the probable high cost of engineering and redoing the entire layout.

 

[wrobert]

I've got the perfect solution, though very simplistic. Tear em down and start over.

Kind of sort of what I think is going to end up happening. They are being referred back to the building department for abatement. I never really understood exactly what they meant by that, other than steps can now be taken to condemn the buildings and start the process of removing them. I imagine we are going to see a lot more before this mess is over with.

 

[Andy A]

My guess is that is exactly what they will have to do, Andy A, not by requirement, but due to the probable high cost of engineering and redoing the entire layout.

It is really unfortunate this situation occurred but maybe developers and contractors will learn the lesson that development orders are meant to serve a purpose and are not to be ignored. While I can feel sympathy for the property owners, it is minimal at best, since they should be aware of what is being built on their property. While wrobert is probably right on about a mess being caused, it is well past time for this county to start inforcing its building codes and ordinances regardless of the short term consequences.

 

[wrobert]

It is really unfortunate this situation occurred but maybe developers and contractors will learn the lesson that development orders are meant to serve a purpose and are not to be ignored. While I can feel sympathy for the property owners, it is minimal at best, since they should be aware of what is being built on their property. While wrobert is probably right on about a mess being caused, it is well past time for this county to start inforcing its building codes and ordinances regardless of the short term consequences.

During the testimony given, it came out that the whole developement was part of some sort of organized fraud scheme that orginated in Ohio. I guess the properties were all flipped and mortgaged and remortgaged and the developer then skipped out. The paperwork I saw showed the lots selling for almost a million dollars each and I understood that was before the houses were going to be added. Seems like they are all valued at around 350K now.

 

[Andy A]

Really a sad situation all the way around.