Agenda Item Cover Sheet Agenda Item No. A-73 Meeting Date x Consent Section Regular Section November 06, 2013 Public Hearing Subject: Approve two payments of excess proceeds from Tax Deed File 2011-299, each in the amount of $18,309.58, plus any interest which might have accrued, to be made payable to Lawrence Maupin, for the benefit of Milton Morales and Igor Morales. Department Name: Clerk Of The Circuit Court Contact Person: Charlene Williams Sign-Off Approvals: Contact Phone: 307-7088 Assistant County Administrator 10/25/2013 Date Department Director 10/24/2013 Date Management and Budget – Approved as to Financial Impact Accuracy 10/25/2013 Date County Attorney – Approved as to Legal Sufficiency 10/24/2013 Date Staff's Recommended Board Motion: Approve two payments of excess proceeds from Tax Deed File 2011-299, each in the amount of $18,309.58, plus any interest which might have accrued, to be made payable to Lawrence Maupin, for the benefit of Milton Morales and Igor Morales. Financial Impact Statement: Background: List Attachments: 2 Office of the County Attorney Chip Fletcher, County Attorney BOARD OF COUNTY COMMISSIONERS CHIEF ADMINISTRATIVE COUNSEL KEVIN BECKNER VIO'OR D. CRIST KEN HAGAN AL HIGGINBOTHAM LESLEY "LES" MILLER, JR. SANDRA L. MURMAN MARK SHARPE Hank Ennis GENERAL COUNSEL Mary Helen Farris CHIEF ASSIST ANT COUNTY ATTORNEYS Christine M. Beck Robert E. Brazel SusanJ. Fernandez Jennie Granahan Tarr Hillsborough. County Florida MEMORANDUM TO: Kimberly Richards, BOCC Records /..--;7 #''' / .gi-~~-"···- FROM: BrianT. FitzGerald, Senior Assistant County DATE: October 22, 2013 RE: Tax Deed File 2011-299 Attorne~~r---,...:-". . . Enclosed are two Tax Deed Sale Excess Proceeds Affidavits each of which are executed by Lawrence Maupin on behalf of Milton Morales and Igor Morales, the last title holders in the above matter. In support of these claims, the following documents are attached: - Specific Limited Powers of Attorney executed by Milton Morales and Igor Morales appointing Lawrence Maupin as their attorney-in-fact in act in this matter. - Copy of Warranty Deed for the subject property. Please place this matter on the BOCC agenda, and upon approval request two checks, each in the amount of $18,309.58 plus any interest which may have accrued. These amounts should represent the entire amount of the funds held in escrow. These checks should be made payable as follows: Lawrence Maupin for the benefit of Milton Morales Lawrence Maupin for the benefit of Igor Morales 601 E. Kennedy Boulevard, 27th Floor Post Office Box 1110 · Tampa, Florida 33601 (813) 272-5670 • Fax: (813) 272-5231 An Affi.nnative Action/Equal Opportunity Employer 3 For your records, Mr. Maupin's address is as follows: P. 0. Box 2088 Big Bear City, California 92314. When the checks are available, please contact Nancy Milam at 2725670, Extension 30194 so that she can pick them up and forward payment to Mr. Maupin. BTF:nm Enclosures 4 FILE NO. ---=2..:;::.. ;01:::.. . ::;1-=-2:..:::.. .9.:::.. _9_ _ TAX DEED SALE EXCESS PROCEEDS AFFIDAVIT I, Lawrence Maupin Attorney in Fact for Igor Morales,being first duly sworn, deposes and says: (Print/Type Name of Affiant) 1. That, as further stated in paragraph 3 below, I am one of the persons described in F.S. 197 .502(4), to wit: _x_ 1. Legal titleholder of record whose address appears on the record of conveyance of the land to the owner. 2. Lienholder of record whose address appears on the recorded lien. 3. Mortgagee of record whose address appears on the recorded mortgage. 4. Vendee of a recorded contract or vendee who has applied to receive notice. 5. Other lienholder who has applied to receive notice. in real property legally described as: ARLINGTON HEIGHTS N 100FT OF W 50FT OF LOT 3 BLOCK 5 SUBJECT TO ALL OUTSTANDING TAXES 2. That, because of delinquent real property taxes, the above described real property was sold under the administration of the Clerk of Circuit Court of Hillsborough County, Florida, on 03/31/2011 , all in accordance with and pursuant to law. 3. That at the aforesaid time of sale of the above described real property, as connected with Tax Certification No.177150-08 I am one of those persons described in paragraph 1 above and entitled under Florida Statutes 197.582(2) to certain undistributed surplus funds as my interests appear. My maximum entitlement to such funds is $18,309.58 which is subject to all other claims by such other persons as described in F.S. 197.502(4) within a two year period. / .. ~~a/1Jki~ ~) V Signature of Affiant Affiant Name: Lawrence Maupin Attorney-in-fact for Igor Morales Affiant Address: P.O. Box 187 Lake Arrowhead, CA. 92352 Affiant Telephone: (661) 802-8589 _ 5 e The foregoing instrument was acknowledged before me this ~ day of Q=ki:&r 2011, by Lawrence Maupin, who is personally known to me or who has produced Cv'-"\,{¢[MA-- l"XuJdr: ( iC.,i./\(:.L as identification. ' s.\ N.o~4-11· ~s ,/""'l (' /........ ----~~~/~··~~-·~------------- Notary Ifublk · State of (tln 1 L My Commission Expires ,JJ "i ,'Z, :.10\.3 Co.J \ J.FRANCES C. POIRIER~ COMM. # 1857551 (I) • NOTARY PUeLtC·CALIFORNIA (ft • SAN BERNARDINO COUNTY - MY COUM. EXP. JUL. 12, 2013 _. 6 FILE NO. -----=2.. .:;.. .01:;;.. .::1c.. .:;-2:;.. ;;..9. .;;;_9_ _ TAX DEED SALE EXCESS PROCEEDS AFFIDAVIT I, Lawrence Maupin Attorney in Fact for Milton Morales,being first duly sworn, deposes and says: (Print/Type Name of Affiant) I. That, as further stated in paragraph 3 below, I am one of the persons described in F.S. 197 .502(4 ), to wit: _x_ 1. Legal titleholder of record whose address appears on the record of conveyance of the land to the owner. 2. Lienholder of record whose address appears on the recorded lien. 3. Mortgagee of record whose address appears on the recorded mortgage. 4. Vendee of a recorded contract or vendee who has applied to receive notice. 5. Other lienholder who has applied to receive notice. in real property legally described as: ARLINGTON HEIGHTS N 100FT OF W 50FT OF LOT 3 BLOCK 5 SUBJECT TO ALL OUTSTANDING TAXES 2. That, because of delinquent real property taxes, the above described real property was sold under the administration of the Clerk of Circuit Court of Hillsborough County, Florida, on 03/31/2011 , all in accordance with and pursuant to law. 3. That at the aforesaid time of sale of the above described real property, as connected with Tax Certification No.177150-08 I am one of those persons described in paragraph 1 above and entitled under Florida Statutes 197 .582(2) to certain undistributed surplus funds as my interests appear. My maximum entitlement to such funds is $18,309.58 which is subject to all other claims by such other persons as described in F.S. 197.502(4) within a two year period. ~-M10·~~ Affiant Name: Lawrence Maupin 1 .Signature of Affiant Attorney-in-fact for Milton Morales Affiant Address: P .0. Box 187 Lake Arrowhead, CA. 92352 Affiant Telephone: (661) 802-8589 7 STATE OF (Ai\\a'otcV C0UNTY OF .Sit a i:;t<Qo.((~\llO Ct*o\:L( The foregoing instrument was acknowledged before me this Thday of 2011, by Lawrence Maupin, who is personally known to me or who has produced CA..\•~t 0 ,~~.. \)rhlt.J~ Gt.'lf\ct as identification. • N'~u4ct4~~ My Commission Expires ::rv ''"I 12.. ,J0\3 J.FRANCES C. POIRIER ~ (I} m _. - • ~ COMM. # 1857551 NOTARY PUBUC·CALIFORNIA SAN BERNARDINO COUNTY . MY CONM. EXP. JUL. 12, 2013 bl l 8 STATEMENT OF CLAIM STATE OF California COUNTY OF Los Angeles Before me, undersigned authority, personally appeared Milton Morales, through his/her Attorney-in-Fact, Lawrence Maupin, pursuant to a Durable Power of Attorney in conformance with F.S.A. Sec. 709 (Part II). 1. My name is Milton Morales, acting by and through my Attorney-in-Fact, Lawrence Maupin. 2. I hereby submit my claim for the tax deed excess proceeds held by the Clerk from the sale of property which was sold by the Clerk of Circuit Court of Hillsborough County, Tax Deed File# or Tax Certification No. 177150-08, on sale date: 03/31/2011. 3. I am making a claim in the amount of$18,309.58. 4. I am entitled to the excess proceeds being held by the Clerk by virtue of my interest in the property as _L Owner Lien holder_ Mortgage holder_ Heir. Copies of documentation showing my interest in the property is attached and made a part hereof. 5. I hereby make claim to the excess proceeds generated from the sale in the amount set forth in paragraph 3 above. I understand that the Clerk will subtract her fees from the sale pursuant to the Florida Statutes, and I further understand that if I am making a claim as the owner of the property, that any valid liens and mortgages in the property will need to be payed before I am entitled to any of the excess proceeds. 6. If I am making a c1aim as the owner of the property before the sale, and there are mortgages or liens shown on the Ownership & Encumbrance Report in the Clerk's file, I understand that I will need to submit further documentation to the Clerk, proving that any mortgages and liens reflected on the Ownership & Encumbrance Report have either been satisfied, or prove by affidavit that they do not encumber the property sold by the Clerk. 7. Milton Morales has entered into a contract with Lawrence Maupin to recover this money on my behalf. Toward that end, I have given my Durable Power of Attorney to Lawrence Maupin, pursuant to F.S.A. Sec. 709 (Part II), to file this c1aim in his name as my Attorney-in-Fact and to perform all those acts I would normally perform myself, including receiving all money due me. FURTHER, AFFIANT SAYETH NAUGHT. Lawrence Maupin, Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES , 20.lL_, by Lawrence The foregoing instrument was acknowledged before me this ~..\~ day of CX..trl:)l<( Maupin, who is personally known to me or who has produced ~\,fr;f o,,k1:){\vtJ -~ U C..VXlL as identification and who ~ ~ ~ (\t-\C:SS did/did not take an oath. (seal) 9 STATEMENT OF CLAIM STATE OF California COUNTY OF Los Angeles Before me, undersigned authority, personally appeared Igor Morales, through his/her Attorney-in-Fact, Lawrence Maupin, pursuant to a Durable Power of Attorney in conformance with F.S.A. Sec. 709 (Part II). 1. My name is Igor Morales, acting by and through my Attorney-in-Fact, Lawrence Maupin. 2. I hereby submit my claim for the tax deed excess proceeds held by the Clerk from the sale of property which was sold by the Clerk of Circuit Court of Hillsborough County, Tax Deed File# or Tax Certification No. 177150-08, on sale date: 03/31/2011. 3. I am making a claim in the amount of$18,309.58. 4. I am entitled to the excess proceeds being held by the Clerk by virtue of my interest in the property as __!_ Owner Lien holder_ Mortgage holder _ Heir. Copies of documentation showing my interest in the property is attached and made a part hereof. 5. I hereby make claim to the excess proceeds generated from the sale in the amount set forth in paragraph 3 above. I understand that the Clerk will subtract her fees from the sale pursuant to the Florida Statutes, and I further understand that if I am making a claim as the owner of the property, that any valid liens and mortgages in the property will need to be payed before I am entitled to any of the excess proceeds. 6. If I am making a claim as the owner of the property before the sale, and there are mortgages or liens shown on the Ownership & Encumbrance Report in the Clerk's file, I understand that I will need to submit further documentation to the Clerk, proving that any mortgages and liens reflected on the Ownership & Encumbrance Report have either been satisfied, or prove by affidavit that they do not encumber the property sold by the Clerk. 7. Igor Morales has entered into a contract with Lawrence Maupin to recover this money on my behalf. Toward that end, I have given my Durable Power of Attorney to Lawrence Maupin, pursuant to F.S.A. Sec. 709 (Part II), to file this claim in his name as my Attorney-in-Fact and to perform all those acts I would normally perform myself, including receiving all money due me. FURTHER, AFFIANT SAYETH NAUGHT. STATE OF CALIFORNIA COUNTY OF LOS ANGELES The foregoing instrument was acknowledged before me this ~~day of O.:.iotl.( Maupin, who is personally known to me or who has produced CA-i, (1.'{ AH.;. JX"u t s l did/did not take an oath. ~ N ?:cl\-C\ <+ <&S (seal) , 20_\_l_, by Lawrence '<'Sir\C':,_ as identification and who .!.FRANCES C. POIRIER ~ COMM. # 1857551 U) • NOTARY PUBLIC· CALIFORNIA (A 1 SAN 8EIINARDIHO COUNTY MY COMM. EXP. JUl. 12, 2013 : I 10 Created 9/27/20011 SPECIFIC LIMITED POWER OF ATTORNEY NOW ALL MEN BY THESE PRESENT, which are intended to constitute a SPECIFIC LIMITED POWER OF ATTORNEY Pursuant to Chapter 709 of Title XL, Florida Statutes: That I, Milton Morales (hereinafter "Contractor"), c/o Lawrence Maupin of 17745 Coolwater Ave, Palmdale, CA 93591; P.O. Box 187 Lake Arrowhead, CA 92352, do hereby appoint Lawrence Maupin whose address is described above (hereinafter "Agent") as my attorney-in-fact to ACT in my place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined to the extent that I am permitted by law to act through as agent: (A) That this SPECIFIC LIMITED POWER OF ATTORNEY applies to monies being held on my behalf as unclaimed funds or unclaimed checks in the approximate amount of $18,309.58 (and any additional amounts owed to me via the T.C. No.l77150-08). (B) To demand, collect, recover, and receive the monies, or other property listed herein, now do or to become do to me, jointly or individually, personally or corporately, and to execute all necessary documents, and to deliver receipts, releases or other discharges of the debt, specifically referred to in Paragraph A. (C) To receive, endorse and collect checks, monies or other property payable to my order, and to disburse these monies or other property to Contractor. I specifically authorize that any such monies or other property, as referred to in Paragraph A, be payable to "Lawrence Maupin." This Power of Attorney is authority to any third party receiving a duly executed copy or facsimile of this Power of Attorney to act thereunder, and I, my heirs, executors, legal representatives and assigns hereby agree to indemnify and hold harmless such third parties against any and all claims that may arise against such third parties by reason of such third parties having relied or acted upon the provisions of this Power of Attorney. The undersigned Milton Morales (hereinafter "Assignor"), 7404 N Central Ave, Tampa, FL 33604, in consideration of the approximate sum of$14,647.67, less any liens, cost or fees, and other good and valuable consideration to be payed by AGENT (hereinafter "Assignee"), the receipt of which is acknowledged, has granted, assigned, and transferred to Assignee any interest and right to monies regarding the following: T.C. No.177150-08, in the amount of $18,309.58. This Power of Attorney is effective now and remains in full force and effect even if I become disabled, as Florida Law defines disability. This Power of Attorney shall be IRREVOCABLE as to Milton Morales, and this Power of Attorney shall automatically TERMINATE upon AGENT collecting and paying to Milton Morales the monies or other property listed · · wer o 'Attorney as specifica11y described in Paragraph A. It" I -II (date) James T. Wells STATE OF FLORIDA, COUNTY OF Ozo~ . 20L before me personally appeared Milton Morales to me known, and known to me to be the individual described in, and who executed the foregoing instrument, and he acknowledged to me that he executed the same. Who is personally known to me or who has produced II /JJfjvltf(tf~;'P'jl as 7 identification. On this L d a y of --~~~"~U···· JAMES T. WELLS ~;:.~]c><ff MY COMMISSION # EE 062752 EXPIRES: Apri\29, 2015 (seal) /f'"l;;,~ "-~i":.:..--:,t.~" Bond. ed Thru Notary Public Underwriters 6 -t'fft•H'' .. · 11 Created 9/27/20011 SPECIFIC LIMITED POWER OF ATTORNEY NOW ALL MEN BY THESE PRESENT, which are intended to constitute a SPECIFIC LIMITED POWER OF ATTORNEY Pursuant to Chapter 709 of Title XL, Florida Statutes: That I, Igor Morales (hereinafter "Contractor"), c/o Lawrence Maupin of 17745 Coolwater Ave, Palmdale, CA 93591; P.O. Box 187 Lake Arrowhead, CA 92352, do hereby appoint Lawrence Maupin whose address is described above (hereinafter "Agent") as my attorney-in-fact to ACT in my place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined to the extent that I am permitted by law to act through as agent: (A) That this SPECIFIC LIMITED POWER OF ATTORNEY applies to monies being held on my behalf as unclaimed funds or uncJaimed checks in the approximate amount of $18,309.58 (and any additional amounts owed to me via the T.C. No.1 77150-08). (B) To demand, collect, recover, and receive the monies, or other property listed herein, now do or to become do to me, jointly or individually, personally or corporately, and to execute all necessary documents, and to deliver receipts, releases or other discharges of the debt, specifically referred to in Paragraph A. (C) To receive, endorse and collect checks, monies or other property payable to my order, and to disburse these monies or other property to Contractor. I specifically authorize that any such monies or other property, as referred to in Paragraph A, be payable to "Lawrence Maupin." This Power of Attorney is authority to any third party receiving a duly executed copy or facsimile of this Power of Attorney to act thereunder, and I, my heirs, executors, legal representatives and assigns hereby agree to indemnify and hold harmless such third parties against any and all claims that may arise against such third parties by reason of such third parties having relied or acted upon the provisions of this Power of Attorney. The undersigned Igor Morales (hereinafter "Assignor"), 3606 W Palmetto St, Tampa, FL 33607 in consideration of the approximate sum of$14,647.67, less any liens, cost or fees, and other good and valuable consideration to be payed by AGENT (hereinafter "Assignee"), the receipt of which is acknowledged, has granted, assigned, and transferred to Assignee any interest and right to monies regarding the following: T.C. No.177150-08, in the amount of $18,309.58. This Power of Attorney is effective now and remains in full force and effect even if I become disabled, as Florida Law defines disability. This Power of Attorney shall be IRREVOCABLE as to Igor Morales, and this Power of Attorney shall automatically TERMINATE upon AGENT collecting and paying to Igor Morales the monies or other property listed in this Power of Attorney as specifically described in Paragraph A. ~e~es /D-ol- IgOfOfales also known as Contractor 1/ (date) r£~ 1ifdt -r. w-·• V ames . "' .s STATE OF FLORIDA, COUNTY OF HILLSBOROUGH. cJczo~ , On this!___ i f day of 20_L/__, before me personally appeared Igor Morales to me known, and known to me to be the individual described in, and who executed the foregoing instrument, and he acknowledged to me that he executed the same. Who is personally known to me or who has produced 1/ IJIJvn.. N~lJ' as identification. . J~(,J ./lL otary Public •••~-:;._~:rii'•·-. (seal) ~'t'JJ;.~f:. JAMES T. WELLS MY COMMISSION # EE 062752 EXPIRES: April29, 2015 ~~~~j "1-?,;i[f.~~··· Bonded Thru Notary Public Underwriters INSTRUMENT#: 2007470542, BK: 18230 PG: 884 PGS: 884 - 885 11/05/2007 at 08:10:14 AM, DOC TAX PD(F.S.201.02) $1078.00 DEPUTY CLERK: CLEWIS Pat Frank, Clerk of the Circuit Court Hillsborough County il I PREPARED BY/RETURN TO: American Home Title of Tampa Bay, Inc. 6703 N. Himes Avenue Tampa, FL 33614 FILE NO.: AHT070322 WARRANTY DEED THIS INDENTURE, made this 31st day of August, 2007 between: ROY PULLIAM, A MARRIED PERSON, Grantor, whose mailing address is 2522 Wr::rt f/.lil~"" Pr. -:-:-:-=-=-=-=-=~=-=-=:-:-:-=JA=:-=-~~ml-ft!{l"'"'...'-"'--'-~-:-~-'--'5"::!;$,"""'(.,._..e2~tl~-...,.-- AND MILTON R. MORALES AND IGOR MORALES Graliiee, whose mailing address is f. o. Plox. lS5 \\ -:-:----=-=---=----=M-::-'-'...,...-.-:-"1'>6...-~,. . fi._,___3-.W...-;.1S_..H._,__ . _ _ _ _ _ _ _ and whose Social SecurityITax Identification number is' ,.....---...... ------- Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations. WITNESSETH - That the said grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to it in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sells and transfers unto the said grantee, his heirs and assigns forever, all that certain parcel of land lying and being in the County of HILl-SBOROUGH and State of FLORIDA, more particularly described as follows: Folio No.: 167838.0000 The West 41 feet of Lot 2 and all of Lot 3, Block 5, and the North 10 feet of vacated alley abutting thereon, Map of Arlington Heights, according to the map or plat thereof as recorded in Plat Book 2, Page 74, of the Public Records of Hillsborough County, Florida. THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR. TOGETHER with all tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaining: TO HAVE AND TO HOLD the same in fee simple forever. And the said grantor covenants with the said grantee that he is lawfully seized of the; said land in fee simple; that he has good right and lawful authority to sell and convey said land and will defend the same against the lawful claim of all persons whomsoever; and that said land is free and clear of all encumbrances, except taxes accruing subsequent to December 31, 2006 PAGE 1 OF 2 12 Bk 18230 Pg 885 13 ~ lfH'I T~ ~-~' ~ IN WITNESS WHEREOF, the said grantor has hereunto set hishand and seal the day and :~::~~~wn~ 4-tJ STATE OF: FLORIDA COUNTY OF: HILLSBOROUGH (J_, ,_ rJft ~ Roy~~ The foregoing instrument was acknowledged before me this: 31st day of August, 2007 by ROY PULLIAM, who is/are personally known to me or who has produced OrL.. as identification. ft WITNESS my signature and official seal at Tampa in the County and State of the day and year last aforesaid. My Commission Expires: NOTARY PUBLIC- State of Florida , ~{~~ ~~ z ~0#~' Nolaly PubfiC Stale of Rome TitanSteele MyCommissiOn00434130 Expues0611212009
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