Judge reverses La Caribe foreclosures
BY VICI PAPAJOHN Gulf Breeze News vici@gulfbreezenews.com

Lisa Newell/Gulf Breeze News Homeowners at La Caribe on Pensacola Beach discovered an error that including their property was to be auctioned off was reversed.

After only about one hour of presentation and deliberation, property owners in La Caribe subdivision received good news: Judge Michael Allen reversed the foreclosure proceedings on 11 lots accidentally included in a tax lien sale earlier this month. The lots had been erroneously included in the description of the pool deck tax lien auctioned off, and Assistant County Attorney Steven West requested a reversal.

"The situation with La Caribe was the result of an erroneous legal description placed in a certificate of title," West told the judge. "The final judgement and certificate of title incorrectly described the property to include these lots."

Attorney Michael Tidwell represented James R. Miller at the hearing. He declared that Miller understood he was purchasing only the pool deck lien at the time of the foreclosure, and did not object to the county amending the certificate of title to correct the scrivener's error.

Matt Hoffman, attorney for the Deepwater Condo homeowners, requested that the entire foreclosure proceedings be reversed as throughout the entire process, the property description reflected erroneous information. Citing the Lucas case, Hoffman argued that it could not be presumed that the public at large understood what property was to be auctioned off.

"The final judgement process must begin again, the foreclosure reversed and the process started anew," Hoffman stated.

Allen ruled instead to vacate the certificate of title and to return the parties to their original status, allowing all the rights and obligations of the banker to Miller and, therefore, his option for re-foreclosure proceedings.

"Mr. Miller is the successor to the county's interest," said West.

As successor in interest, Miller can attempt to re-foreclose the lien to recoup pay- ment, and is statutorially entitled to attorney's fees and costs to redeem the property.

Property owners in the adjoining Deepwater Condos will have to wait a little longer to find out if they will have the opportunity to reclaim the pool deck area that they believe they have rights to under implied ownership. Representatives of the association claim that they have maintained the lot and understood it had been transferred to them from original owner, Deepwater Development. When Miller moves to re-foreclose, they could redeem the tax lien.

The lot was never legally conveyed to the condo association, but they have maintained the pool and pool deck for years. Deepwater Condos representatives claim that there is an arrangement, though not recorded, of implied ownership. They did not receive notices of the unpaid MSBUs, as the title did not reflect ownership. And the published legals did not reflect the correct property, so they were not alerted to the eminent foreclosure.

"I'm relieved the foreclosure on the eastern leases was vacated," West said. "I am pleased that the court quickly addressed this. It was clearly an error."