Resolution 053-2024 RESOLUTION NO.053-2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING THE WRITE-OFF
OF A$45,000.00 SHIP SECOND MORTGAGE
WHEREAS,the Monroe County SHIP Program executed a SHIP Second Mortgage between the
County and Yoel Diez in the amount of$45,000.00 on December 20,2006, recorded on December 29,
2006,as Document#1620251, Book 2262, Page 1749 of the public records of Monroe County, Florida,
secured by the property located at 96 John Street,Summerland Key, Florida 33042, Lot 60,Summerland
Yach Harbor Subdivision F/K/A Gov Lot 9 Section 66S RNG 28 East Plat Book 2-142;and
WHEREAS,the First Mortgagee(FIRST STATE BANK OF THE FLORIDA KEYS,A FLORIDA
CORPORATION)filed a foreclosure action as well as an Amended Notice of Lis Pendens on June 21, 2011,
Document#1841229, Book 2523, Page 652; and
WHEREAS, a Final Judgment of Foreclosure was Ordered on November 16,2011,sale by
auction was set for December 21, 2011,and the property was sold to the highest bidder on December
21, 2011; and
WHEREAS,the SHIP Mortgage was unable to be satisfied as the proceeds from the sale were
insufficient to allow for a recovery;and
WHEREAS,the First Mortgagee took title to the property on December 21, 2011, Document
#1863517, Book 2547, Page 1823;and
NOWTHEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida that the County hereby:
Authorizes the write-off of a SHIP Second Mortgage Loan in the amount of$45,000.00 formerly
secured by the property located at 96 John Street,Summerland Key, Florida 33042.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular
meeting of said Board on the 21st day of February 2024.
Mayor Holly Merrill Raschein Yes
`-tJrv4' ti.�f = wiur Commissioner James K. Scholl Yes
Commissioner Craig Cates Yes
L'77;:Ce;\\a'6
�1yf Commissioner Michelle Lincoln Yes
\\cA^ ry tri{ra Commissioner David Rice Yes
11ADOk,CLERK BOARD OF COUNTY COMMISSIONERS
j .. OF MONROE COUNTY, FLORIDA
By: ek.,1-1P Hirvicr
As De p ty Clerk Mayor Holly Merrill Raschein
MONROE COUNTY ATTORNEY'S OFFICE i .
Approved for form and legal sufficiency —0
rn
Christina Cory,Assistant Cou y Attorney '
Doc#2453725 Bk#3265 Pg#1682
Recorded 3/7/2024 1:57 PM Page 1 of 2
PREPARED BY/RETURN TO:
Monroe County SHIP Program Filed and Recorded in Official Records of
1100 Simonton St., Suite 1-196 MONROE COUNTY KEVIN MADOK,CPA
Key West, FL 33040
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
RELEASE OF MORTGAGE OR LIEN
Know All Men By These Presents, that Monroe County,the owner(s)and holder(s) of a certain Mortgage
Deed,executed on DECEMBER 20,2006 by YOEL DIEZ,to Monroe County,Florida and recorded on DECEMBER
29,2006, in Official Records Book 2262,Page 1749,as Document#1620251 in the office of the Clerk of the Circuit
Court of Monroe County,State of Florida,securing certain Note in the principal sum of FORTY-FIVE THOUSAND
DOLLARS AND NO CENTS($45,000.00), upon the property situate in said State and County described as follow,
to-wit:
LOT 60 SUMMERLAND YACH HARBOR SUBDIVISION F/K/A GOV LOT 9 SECTION 66S
RNG 28 EAST, PLAT BOOK 2-142(SEE EXHIBIT A ATTACHED)
Which has the address of 96 JOHN STREET,SUMMERLAND KEY,FLORIDA 33042
(herein the "Property Address:')
does hereby RELEASE and DISCHARGE said Note and Mortgage Deed and hereby direct KEVIN MADOK, CPA,
the Clerk of the said Circuit Court, to cancel the same of record.
' 41
In Witness Whereof, Monroe County has caused this document to be executed as of this day of
.�_,.:.�.._� 2024.
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`;' " MADOK,CLERK OF M Ii NROE COUNTY FLORIDA
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STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to(or affirmed)before me,by means of ph �1ysical presence or❑online notarization,on this day
of tvjptiicV 2024 by Holly Merrill Raschein,Mayor,known to me to be the person(s)described herein and who executed
the forego' g instrument,who acknowledged before me that he/she executed the same,and who did not take an oath. Check
one: said person(s)is/are personally known to me. said person(s)provided the following type of identification.
CORJE PAWPAW-ABEL Witness my hand and official seal in the County and State
• Notary Public L t aforesaid this `" day of ,A • 2024.
I r':`t ' State of Florida _ FIAT'
0"►7{-'� Commit HH210621 N ry Signat e:
Expires 12/21/2025 'OM itfttee")'4W
Monroe County Attorney's Office Printed Name
Approved as to form and legal sufficiency titA)OLe d
I, a 0U-1---
A. Commission No:
U
Christina Cory,Assistant Count Attorney 0 I-.9)09S
Commission Expires:
Doc 1620251
Bk“ 2262 POI 1755
EXHIBIT A
Unit 2, STAR FISH CAY, a Condominium, according to the Declaration of Condominium thereof, recorded in
Official Records Book 2232, Page 874, as Amended by instrument filed Dec. 15, 2006, recorded in Official
Records Book 2259, Page 514, all of the Public Records of Monroe County, Florida, together with an undivided
share in the common elements appurtenant thereto, and subject to the covenants, conditions, restrictions and
other provisions of the Declaration of Condominium and all amendments thereto.
Unit 2 further described by metes and bounds as follows: A portion of Lot 60, Summerland Yacht Harbor
Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page 142 of the Public Records of Monroe
County, Florida, being more particularly described by metes and bounds as follows: Commence at the
Southeast corner of the said Lot 60 and bear N 85°41'00"W for a distance of 240.46 feet to a point; thence bear
N 04°28'42" E for a distance of 122.71 feet to a point;thence bear S 86°04'08" E for a distance of 23.51 feet to
the Point of Beginning of the herein described Unit 2; thence continue S 86°04'08" E for a distance of 40.00 feet
to a point; thence bear N 03°55'52" E for a distance of 26.67 feet to a point; thence bear N 86°04'08"W for a
distance of 40.00 feet to a point; thence bear S 03°55'52"W for a distance of 26.67 feet back to the Point of
Beginning.
MONROE COUNTY
OFFICIAL RECORDS