Miscellaneous InformationCC�!L-�SMONROE
FLORIDA33040
) 294-4641
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
March 14, 2001
Rod Allen
ATI Title Company
620 North Wymore Road
Suite 210
Maitland, FL 32571
RE: Juanita LaBaron, et al.
Dear Ms. Allen:
BOARD OF COUNTY COMAkIs IONEp
MAYOR George Neugent, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray Nelson, District 5
Dixie Spehar, District 1
Please be advised that there is an irregularity with the subordination Agreement which was recorded
with regard to Juanita LeBaron. I am enclosing two exhibits. Exhibit 1 shows the Subordination
Agreement which was recorded in the Clerk's office and Exhibit 2 is the item which the County
Commission approved on September 20, 2000 rescinding the May 17, 2000 approval of executing the
previous subordination agreement. You will no doubt recall that on August 21, 2000, 1 provided two
executed duplicate originals of the subordination agreement which had been approved on May 17, 2000. 1
sent you a new subordination agreement which was not yet approved by the County Commission and
which 1 signed for legal sufficiency on September 5th. You returned for recording a subordination
agreement which was compiled by taking page number 1 of the agreement approved by the County
Commission at the September 20, 2000 meeting and page no. 2 of the May 17, 2000 subordination
agreement which was later rescinded by County. Unfortunately, this error was not detected until after the
recording of an improper subordination agreement.
As you must realize, it looks suspiciously as if some fraudulent activity took place in substituting
page no. 2 of the earlier approved subordination agreement which did not specify that $50,000.00
remained on second mortgage to be subordinated to the new first mortgage as well as the SHIP
mortgage.
It will be necessary for you to have recorded in the Official Records of Monroe County the correct
subordination agreement as approved by the County Commission on September 20, 2000.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH/ak
Enclosures
cc: Danny Kolhage, Clerk of Courts
COUNTY
KEY WESTjo'!�ONROE
fl.33M
(3Z) 2s4-,w,
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
W. George Allen, Esq.
800 Southeast 3rd Ave.
Penthouse
Ft. Lauderdale, FL 33316
RE: Monroe County v Lebaron, et al
Your File No. 99-249
Dear Mr. Allen:
�f?
May 23, 2001
BOARD OF COUNTY rpMAArScrO �rres
MAYOR George Neugent, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray Nelson, District 5
Dixie Spehar, District I
Please be advised that I did not dismiss the referenced action because somebody pulled a
fast one. Please note my March 14th letter to the Title Company regarding the substitution of the
second page of the originally approved subordination agreement for the amended subordinate
agreement which was supposed to provide for a remaining $50,000.00 balance on the second
mortgage.
Instead, someone took the first subordination agreement, extracted the second page which
indicates no second mortgage and only the SHIP mortgage as remaining subordinated to the new
first mortgage and filed it. In light of this apparent fraud, the County has not dismissed the case
and is contemplating further action, including criminal action. I have to date not heard from the
Title Company in response to my March 14th letter. If you can straighten this out, I will be glad
to dismiss the pending action.
Sincerely,
0Su ne . Hutton
Assistant County Attorney
SAWak
Enclosures
cc: Danny L. Kolhage, Clerk of Courts
CC�IYSon�.NROE
33040
(305) 294-4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
Ms. Juanita LeBaron AND
Mr. Ralph Olson
999 415t St., Gulf - Apt. #5
Marathon, FL 33050
Certified Mail
Ret. Rect. Req.
#7099 3400 0009 6151 9658
F
John D. Jones AND
2016 Lewis Ave.
North Chicago, IL 60064
Certified Mail
Ret. Rect. Req.
#7099 3400 0009 6151 9641
Re: Subordination Agreement
Dear Sirs:
BOARD OF COUNTY COMMISSIONERS
MAYOR George Neugent, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray E. Nelson, District 5
Dixie M. Spehar, District I
ATI Title Company
620 North Wymore Rd.
Suite 210
Maitland, FL 32571
Certified Mail
Ret. Rect. Req.
#7099 3400 0009 6151 9634
On March 14, 2001, I wrote a letter to Rori Allen of ATI Title Company regarding the
apparent fraudulent action of one or more of you in having recorded in the official records page
one of a Subordination Agreement approved September 20, 2000 and page two of the
Subordination Agreement approved by the County May 17, 2000. The first agreement
subordinated only the SHIP mortgage and the second subordinated the SHIP mortgage and
$50,000 of the original second mortgage. By recording the second page of the first agreement
with the first page of the second agreement, you recorded that payment was made in full on the
original second mortgage which is not true. To date, I have received no response from ATI Title
Company.
Therefore, I am advising each and every one of you that unless this matter is corrected
post haste, I will be filing a civil action and consulting with the State Attorney's office regarding
criminal charges.
A copy of the March 14, 2001 letter, and its attachments, is included herein for your
convenience. Please have recorded in the official records of Monroe County the correct
Subordination Agreement as approved by the County Commission on September 20, 2000, and
contact me within ten business days of receiving this letter, regarding your efforts to correct what
appears to be a criminal act.
GOVERN YOURSELF ACCORDINGLY.
Sincerely,
Su n A. H on
Assistant County Attorney
SAH/ss
Enc.
cc: Danny Kolhage, Clerk of Courts
OUNTY O�MONROE
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Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
August 9, 2001
Marty Almasi
ATI Title Company
620 North Wymore Road
Suite 210
Maitland, FL 32571
RE: Subordination Agreement
Dear Ms. Almasi:
BOARD OF COUNTY COMM11510.
MAYOR George Neugent, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray Nelson, District 5
Dixie Spehar, District 1
Thank you for your telephone call of August 9, 2001. Enclosed is a revised subordination
agreement which needs to be signed by Mr. Jones, Ms. LeBaron and Mr. Olson. As soon as you
can obtain these signatures, please return it to me for the County's execution. I will record the
subordination agreement, and return the recorded document to you.
Please note that there is a slight alteration in the language of the revised subordination agreement
to reflect the erroneous recording and to provide that the revised subordination agreement
supersedes the one which was recorded.
If you have any questions, please feel free to call.
Thank you for your prompt attention to this matter.
Sincerely,
��f
zanne A. Hutton
Assistant County Attorney
Enclosure
SAH:dct
cc: Danny Kolhage ✓
REVISED SUBORDINATION AGREEMENT
WHEREAS, under date of February 4, 1988, a second mortgage was given by
Clinton LeBaron, Juanita LeBaron, and Ralph Olson, in favor of Monroe County, a political
subdivision of the State of Florida, which mortgage was recorded in Official Records Book
1040, Page 1958, of Monroe County, Florida; and
WHEREAS, under date of March 1, 1997, a third mortgage, also known as a
"SHIP" mortgage, was given by Juanita LeBaron, in favor of Monroe County, which
mortgage was recorded in Official Records Book 1448, Page 950, of Monroe County,
Florida; and
WHEREAS, the legal description of the property subject to said mortgages is
attached hereto as Exhibit "A" and made a part hereof; and
WHEREAS, Monroe County has filed a Complaint to Foreclose these mortgages as
a result of the mortgagors' failure to make payments in accordance with the terms of
said agreements; and
WHEREAS, the accelerated amounts due on the notes secured by the second and
third mortgages, exclusive of interest, fees and costs, total $139,121.19 and
$47,994.00, respectively; and
WHEREAS, the owner of the subject property obtained financing to pay off a
portion of the balance of the second mortgage, but the subordination agreement
recorded at Book 1657, Pages 58-59 of the Official Records of Monroe County, Florida,
did not accurately reflect the intentions of the parties; and
WHEREAS, the owner of the subject property has provided assurances to Monroe
County that the subject property is available as "affordable housing," as defined in §9.5-
4(A-5), and complies with the requirements set forth in §9.5-266(a), Monroe County
Code; now, therefore
This Revised Subordination Agreement is entered to supersede that Agreement
recorded at OR 1657, pages 58-59; and
IN CONSIDERATION of partial payment of the amount due on the note secured by
the second mortgage in the amount of $103,741.09, and other good and valuable
consideration, Monroe County agrees to subordinate the "SHIP" and the remaining
$50,000 balance of the second mortgage to a new first mortgage in favor of INTERBAY
FUNDING LLC, encumbering the subject property. The "SHIP" mortgage is by this
instrument subordinated and made inferior to the Mortgage to be given by John D.
Jones, in favor of INTERBAY FUNDING LLC.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 2001.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
APPROVED AS TO FOR
AND L L SUFFIC
BY
7��
ON
DATE
jdconmortsubord
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
OWNERS:
JOHN D. JONES
JUANITA LEBARON
RALPH OLSON