Central to the discussion was the town’s request to foreclose on a lien that stemmed from a code enforcement violation dating back to 2014. The lien had accrued significant fines due to non-compliance with town codes. As of the hearing, the total amount had reached $514,150, continuing to accumulate daily fines. The town’s attorney emphasized that statutory prerequisites for foreclosure had been met, arguing that over three months had passed since the lien’s recording, with no payments made towards settling the debt.

The property, owned by White Sand Property of Fort Myers Beach LLC, has been the subject of multiple postponed hearings due to its complex lien history. The town’s attorney presented exhibits to demonstrate the timeline of events, including an affidavit of notice and the extensive history of rescheduled hearings. The argument was made that the respondent had acquired the property with full knowledge of the existing lien and had failed to resolve the compliance issues, despite the town’s attempts to engage in a resolution.

In response, the property owner contested the town’s right to foreclose the 2019 lien, arguing that a previous foreclosure authorization granted for a 2016 lien should preclude any further action. The owner’s legal counsel asserted that the town’s initial election to pursue the 2016 lien—which had since been vacated—should prevent foreclosure on the 2019 lien. The owner cited a partial payment of $50,000 intended to address the liens, arguing that this sum had not been appropriately credited against the outstanding fines.

Discussions revealed a complicated history of attempts to settle the property’s liens. A town council meeting in December 2019, which involved discussions on settling multiple liens, was referenced. The property owner’s claim of having offered a comprehensive settlement was contradicted by the town’s documentation, with minutes indicating that the council did not agree to release all liens. Instead, a partial release agreement was reached for a different property, 1560 I Street, which was confirmed by a $50,000 payment made shortly thereafter.

Further complicating the case was an email thread presented as evidence, showing the property owner engaged in discussions to resolve the fines associated with 80 Avenue E. Despite these efforts, no formal agreement was documented that would absolve the existing lien.

The town maintained that each lien represented a separate cause of action, with specific legal bases for foreclosure. Therefore, the 2019 lien’s unique circumstances justified a new request for foreclosure authorization. This stance was supported by references to Florida Statutes Chapter 162, which allows each lien to ripen individually, independent of previous foreclosure actions.

Discussions touched upon potential credits for partial payments and the implications of releasing certain properties from the liens. With lingering questions regarding the applicability of payments and the number of properties involved, the magistrate called for a review of all submitted materials before issuing a final order.