Agenda Item Cover Sheet

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
#''' /
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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.
/
..
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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.
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Notary Ifublk ·
State of
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My Commission Expires ,JJ "i ,'Z, :.10\.3
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J.FRANCES C. POIRIER~
COMM. # 1857551
(I) •
NOTARY PUeLtC·CALIFORNIA (ft
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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
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COMM. # 1857551
NOTARY PUBUC·CALIFORNIA
SAN BERNARDINO COUNTY
. MY CONM. EXP. JUL. 12, 2013
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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
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..
·
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
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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
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