The town, represented by its compliance manager, Yazo, sought to foreclose the latter lien, recorded in March 2019, while acknowledging a clerical error in the lien recorded in April 2016. The town argued that all statutory requirements for foreclosure had been met and emphasized that the lien remained unpaid for over three months. Yazo detailed the notification process to the property owner, WH Sand Properties, through certified mail and public postings.

The defense raised several objections, arguing against the foreclosure request by questioning the procedural legitimacy and highlighting discrepancies in the town’s documentation. They contended that the town was attempting to address a substantive issue under the guise of correcting a clerical error, which allegedly expired outside the allowable period for rehearing. The defense insisted that the town’s claims of a clerical error were inaccurate, emphasizing the need for clarity in the town’s documentation regarding which liens were involved.

The meeting revealed a detailed examination of the town’s exhibits, with the respondent’s representative seeking clarification on the factual basis of the foreclosure request. A critical point of contention was the need for another witness, Joseph Orlandini, to testify on the circumstances surrounding the liens.

A representative for the property owner, Schmidt, outlined a settlement agreement involving multiple properties, including 80 Avenue East, owned by Whit Sand and previously by Orlandini. The settlement included a payment of $65,000, with $50,000 paid upfront and $15,000 covered by Orlandini. The defense argued that $155,000 was eventually paid after closing on another property.

Emails from Town Council members, including Mayor Dan Allers and Karen Woodson, were presented, acknowledging the need to address the lien releases for properties settled years earlier. The defense maintained that while they had repeatedly requested documentation of the agreement, they had not been granted access, raising questions about the procedural handling of the lien releases.

The magistrate’s review included consideration of a November 18, 2020, letter attached to a May 10, 2024, email from a council member, highlighting concerns about non-active Code Enforcement cases related to 80 Avenue East. The magistrate requested further evidence, emphasizing the need for a review before making a decision. Officer Yazo confirmed the code violation at the property was deemed corrected as of September 28, 2022, following its demolition due to Hurricane Ian.