Gregory Garcy
Permit & Licensing Supervisor

Brad J. Ostroff

Assistant Director of Operations and Administration Public Works Dept/Community Enhancement Division

Jennifer Frastai

Partial Release of Liens – reference code Case # 174743 – Tarpon IV LLC.

Issue Statement: The property located at 4421 SW 25 Street in West Park Florida, was previously owned by Tarpon IV LLC. Tarpon IV LLC owns an undeveloped property in Oakland Park at 1870 NW 27 Street, which are currently encumbered by outstanding liens in favor of the City of Oakland Park.

Recommended Action:  The City Commission approve the proposed partial release of liens totaling $2,500 for “bleeding lien” for the property located at 4421 SW 25 Street in West Park Florida previously owned by Tarpon IV LLC.

Background: When a code fine goes unpaid or unsettled, a lien is issued by the City against the owner for property located in Oakland Park. However, should that individual/entity own additional real property within Broward County, a “bleeding lien” will also be reflected on those properties.  The bleeding lien attaches to the original lien until satisfied. As such, no other properties attached to the original lien can be sold or disposed of, even if those properties are outside of the City of Oakland Park, without first seeking a release from the City of Oakland Park.

The settlement offer totaling $2,500, is inclusive of all fees and hard costs. The settlement offer is to be paid within thirty (30) days of the City Commission’s approval.  Failure to pay within the thirty (30) days would void the settlements.

When a code fine goes unpaid or unsettled, a lien is issued by the City against the property owner for property located in Oakland Park. However, should that individual/entity own additional real property within Broward County, a “bleeding lien” will be issued on those properties.  The bleeding lien attaches to the original lien until satisfied. As such, no other properties attached to the original lien can be sold or disposed of, even if those properties are outside of the City of Oakland Park, without first seeking a release from the City of Oakland Park.

The negotiated settlement was coordinated with the City Attorney's Office and reflects that there is a “bleeding lien” on a West Park property at 4421 SW 25 Street, formally owned by Tarpon IV. The current owner of the West Park property, unaware of the bleeding lien, purchased the property at a tax deed sale and has decided to negotiate with the city in order to obtain partial release of the lien.

The City’s liens against the Tarpon IV property within the City will remain valid and enforceable.

It is recommended that the City Commission approve the proposed partial release of liens totaling $2,500 for “bleeding lien” for the property located at 4421 SW 25 Street in West Park Florida previously owned by Tarpon IV LLC.