HomeMy WebLinkAbout12 District Foreclosures Agenda Item # 12
Public Utility District
ACTION
To: Board of Directors
From: Mary Chapman
Date: January 20, 2010
Subject: Consideration of Actions Related to Potential Foreclosures in the
Community Facilities Districts
1. WHY THIS MATTER IS BEFORE THE BOARD
Adoption of a foreclosure resolution and contracting with a foreclosure attorney are
the next steps in the collection of past due Community Facilities District (CFD)
assessments. Only the Board can adopt resolutions and contract with legal counsel.
2. HISTORY
In 2003, the Board formed a Communities Facilities District (CFD) for the Old
Greenwood development. In 2004, the Board formed a Communities Facilities District
for the Gray's Crossing development and authorized additional bonds to be sold in
2005. Both CFDs were formed for the purpose of selling bonds to pay for portions of
the infrastructure in both the Old Greenwood and Gray's Crossing developments.
Each year since their formation, the property owners of each development have been
assessed such that there would be sufficient funds to pay the principal and interest on
the bonds as they came due.
3. NEW INFORMATION
The criteria for when the Board must proceed with foreclosure is:
1) A parcel or property owner is past due more than $7,500;
2) If more than 5% of the amount billed is past due, all past due parcels are subject to
foreclosure.
There are 2 property owners that owe on their 2007/08 assessments in Old
Greenwood and 7 property owners that owe assessments from the 2008/09 tax year.
The total past. due for Old Greenwood assessments is $31,740.55 including principal,
interest, penalties and fees (Attachment 1). None of the Old Greenwood parcels owe
more than $7,500 and the total past due does not exceed 5% of the amount billed.
The Board may proceed with foreclosure on these parcels.
There are currently 5 parcels in Gray's Crossing that owe assessments from tax years
2006/07 and/or 2007/08. There are 29 parcels that owe for the 2008/09 tax year. The
total past due for Gray's Crossing assessments is $127,679.64 including principal,
interest, penalties and fees (Attachment 2). Two parcels owe more than $7,500 on
their annual assessments. There is one property owner that is past due on 10 parcels
totaling $19,957.35 not including penalties, interest and fees. The total past due does
not exceed the 5% limit. The Board must proceed on the three property owner
parcels (12) and may proceed on the other 17 parcels.
Attachment 3 is a spreadsheet showing the current status of delinquent parcels on
both CFDs as of December 31, 2009. Also listed is the Covenant for Judicial
Foreclosure which defines when the foreclosure proceedings apply.
All of the property owners have received reminder letters, demand letters and
foreclosure letters prepared by Willdan Financial, the firm that administers the
collection of the assessments. Willdan has also sent a letter to the lenders and
copied the property owners. Additionally, Nevada County requires that all delinquent
CFD assessments be removed from the County tax rolls. With the removal from the
tax rolls, a Notice of Intent to Remove Delinquent Special Tax Installments from Tax
Roll was recorded on the property to notify a future buyer that there may be delinquent
special taxes due on the parcel.
Susan Feller a partner of Sherman & Feller provided me with a draft resolution which
needs to be adopted to begin the foreclosure process. Ms Feller was recommended
by both Willdan Financial Services, and by John Murphy of Stradling Yocca Carlson
and Rauth who was bond counsel on the CFDs. Mr. Murphy said that foreclosure is
the only thing that Susan Feller does and their fees are reasonable. Ms Feller will be .
available at the Board meeting to answer any questions that the Board may have.
The next steps are:
1) Review and adopt the draft resolution prepared by Susan Feller which orders
judicial foreclosure of delinquent special taxes pursuant to the Mello-Roos
Community Facilities Act of 1982 and authorizes retention of special counsel
(Attachment 4).
2) Enter into a fee agreement for legal services with Susan Feller of Sherman &
Feller (Attachment 5).
4. FISCAL IMPACT
There is no fiscal impact with this action item. All charges incurred related to the
judicial foreclosure process are the responsibility of the property owners.
5. RECOMMENDATION
1) Adopt the attached foreclosure resolution authorizing staff and Ms Feller of Sherman &
Feller to proceed with the foreclosure process on the delinquent parcels in both Old
Greenwood and Gray's Crossing Community Facilities Districts.
2) Approve the fee agreement with Sherman & Feller for their work relating to the
foreclosure on delinquent parcels in both Old Greenwood and Gray's Crossing
Community Facilities Districts.
Mary Chap an Michael D. Holley
Administrative Services Manager General Manager
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD/CFD 03-1(Old Greenwood)-Community Facilities District No.03-1(Old Greenwood)
A Active fa Foreclosure Action Flags:R Reminder Letter Sent N Notice of Intent/Strip Requested U SSE H Handbilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special Circumstance J Judgement
R Refunded
A:
19-74043-001 A GIANULIAS 1105 NEWPORT NEWPORT BEACH, 12553 SETTLERS LANE 12/10/2008 $1,623.65 $162.37 $146.10 $0.00 $1,932.12 RDTL 09/14/2009
JAMES C ST CA 92660
TRSTE
A 04/10/2009 1,623.65 162.37 146.10 195.00 2,127.12 DTL 09/14/2009
Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24
19-750-13-001 A SEIDLER 1175 CHESTNUT SAN FRANCISCO, 12813 CALEB DRIVE 12/10/2008 $1,623.65 $162.37 $146.10 $0.00 $1,932.12 RDTL 09/14/2009
JOSEPH A ST#302 CA 94109
A 04/10/2009 1,623.65 162.37 146.10 195.00 2,127.12 DTL 09/14/2009
Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24
19-750-15-001 A GREASLEY POB 8135 INCLINE VILLAGE, 12765 CALEB DRIVE 12/10/2008 $1,623.65 $162.37 $146.10 $0.00 $1,932.12 RDTL 09/14/2009
TONY J NV 89451
A 04/10/2009 1,623.65 162.37 146,10 195.00 2,127.12 DTL 09/14/2009
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Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24 a
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19-750-31-001 A BERGH 7950 BARTON RD GRANITE BAY,CA 12361 CALEB DRIVE 12/10/2008 $1,623.65 $162.37 $146.10 $0,00 $1,932.12 RDTL 09/14/2009
JOSEPH C& 95746
DIANE E
TRSTES
A 04/10/2009 1,623.65 162.37 146.10 195.00 2,127,12 DTL 09/14/2009 (*
Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24
19-750-32-001 A CALEB DRIVE AVIS CARAVELLO SAN FRANCISCO, 12385 CALEB DRIVE 12/10/2008 $1,623.65 $162.37 $146.10 $0.00 $1,932.12 RDTL 09/14/2009
LLC 188 SOUTH PARK CA 94107 _
AVE STE 3
A 04/10/2009 1,623.65 162.37 146,10 195.00 2,127.12 DTL 09/14/2009
Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24
WILLDAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD1CFD 03-1(Old Greenwood)-Community Facilities District No.03-1(Old Greenwood)
A Active fa Foreclosure Action Flags:R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
P Paid OH S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
i F Finished L Foreclosure Letter Sent P Payment Plan- S Hold/Special Circumstance J Judgement
R Refunded
8:
19-750-36-00( A NUTI MICHAEL 12503 CALEB DR TRUCKEE,CA 12503 CALEB DRIVE 04/10/2009 $1,623.65 $162.37 $146.10 $195.00 $2,127.12 RTL 09/14/2009
R&JILL S 96161
ETAL
Total Delinquent: $1,623.65 $162.37 $146.10 $195.00 $2,127.12
19-750-42-001 A CARAMAZZA JCJ LLC FOLSOM,CA 12802 CALEB DRIVE 04/10/2008 $1,591.81 $159.18 $429.84 $195.00 $2,375.83 RTL 09/14/2009
JAMES A 24988 BLUE 95630
RAVINE RD STE
108 LINT 115
Total Delinquent: $1,591.81 $159.18 $429.84 $195.00 $2,375.83
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19-760-16-001 A BANK OF POB 9000 GETZVILLE,NY 12360 CALEB DRIVE 12/10/2007 $1,591.81 $159.18 $429.84 $0.00 $2,180.83 RDTL 09/14/2009
AMERICA NA 14068
A 04/10/2008 1.591.81 159.18 429.84 195.00 2,375.83 DTL 09/14/2009 _
Total Delinquent: $3,183.62 $318.36 $859.68 $196.00 $4,656.66
19-940-18-001 A BURKS 3136 LUNADA LN ALAMO,CA 94507 04/10/2009 $1,840.13 $184.01 $165.60 $195.00 $2,384.74 RTL 0 9/1 412 0 0 9
NANALEE
Total Delinquent: $1,840.13 $184.01 $165.60 $195.00 $2,384.74
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD/CFD 03-1(Old Greenwood)-Community Facilities District No.03-1(Old Greenwood)
District Totals: Parcels Amount Penalties Interest Fees Total
All delinquencies prior to the 200912010 levy 9 $24,475.71 $2,447.62 $3.062.22 $1,755.00 $31,740.55
2009/2010 delinquencies 0 0.00 0.00 0.00 0.00 0.00
Total 9 $24.475.71 $2,447.62 $3,062.22 $1,755.00 $31,740.55
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
r r r D• District No.r•
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handhilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
E F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special J Judgement
R Refunded
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s:
19-770-05-000 A PLANT STEPHEN T& 180 DELAVEAGA SANTA CRUZ,CA 11092 CHINA CAMP ROAD 12/10/2007 $1,538.75 $153.88 $415.44 $0.00 $2,108.07 RDTL 09/14/2009
LAURIE H TRSTES PARK RD 95065
A 04/10/2008 1,538.75 153.88 415.44 175.00 2,283.07 DTL 09/14/2009
S
A 12/10/2008 1,569.52 156.95 141.24 0.00 1,867.71 RDTL 09/14/2009
A 04/10/2009 1,569.52 156.95 141.24 195.00 2,062.71 DTL 09/14/2009
Total Delinquent: $6,216.54 $621.66 $1,113.36 $370.00 $8,321.56
19-780-28-000 A KELLEY JEFFREY H POB 1248 CRYSTAL BAY,NV 11315 CHINA CAMP ROAD 12/10/2008 $1,569.52 $156.95 $141.24 $0.00 $1,867.71 RDTL 09/14/2009
89402
t A 04/10/2009 1,569.52 156.95 141.24 195.00 2,062.71 DTL 09/14/2009
Total Delinquent: $3,139.04 $313.90 $282.48 $195.00 $3,930.42
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19-790-14-000 A KELLY JAMES H POB 1248 CRYSTAL BAY,NV 11628 CHINA CAMP ROAD 12/10/2008 $1.569.52 $156.95 $141.24 $0.00 $1,867.71 RDTL 09/14/2009
89402
A 04/10/2009 1,569.52 156.95 141.24 195.00 2,062.71 DTL 09/14/2009 E3
Total Delinquent: $3,139.04 $313.90 $282.48 $195.00 $3,930.42 rt
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19-790-22-000 A PACKARD AMY P& 7140 SUNRIVER RENO,NV 89523 10576 BRICKELL COURT 04/10/2009 $1,677.77 $167.78 $151.02 $195.00 $2,191.57 RTL 09/14/2009
EDWARD A CT
Total Delinquent: $1,677.77 $167.78 $151.02 195.00 $2,191.57
WI L WAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District . r- District No.r.
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special J Judgement
R Refunded
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19-800-21-000 A EMARD LUKE POB 2308 LOOMIS,CA 95650 11881 COBURN DRIVE 04/10/2008 $1,591.81 $159.18 $429.84 $175.00 $2,355.83 RTL 09/14/2009
A 12/10/2008 1,623.65 162.37 146.10 0.00 1,932.12 RDTL 09/14/2009
A 04/10/2009 1,623,65 162.37 146.10 195.00 2,127.12 DTL 09/14/2009
Total Delinquent: $4,839.11 $483.92 $722.04 $370.00 $6,415.07
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19-800-27-000 A BENTHAM JACK E 4710 ESPLANADE GRANBURY,TX 11607 CHINA CAMP ROAD 1 211 0/2 0 0 8 $1,623.65 $162.37 $146.10 $0.00 $1,932.12 RDTL 0 9/1 412 00 9
ETAL CT 76049
A 04/10/2009 1,623.65 162.37 146.10 195.00 2,127.12 DTL 09/14/2009
Total Delinquent: $3,247.30 $324.74 $292.20 $195.00 $4,059.24
19-840-01-000 A STUART 2020 PRADO LINCOLN,CA 95648 04/10/2009 $2,029.56 $202.96 $182.64 $195,00 $2,610.16 RTL 09/14/2009
CHRISTOPHER ETAL VISTA
Total Delinquent: $2,029.55 $202.96 $182.64 $195.00 $2,610.16
19-840-16-000 A RYE BRIAN J&DAWN POB 550 TAHOE VISTA,CA 1 211 0/2 0 0 8 $1,961.91 $196.19 $176.58 $0.00 $2,334.68 RDTL 09/14/2009
C 96148
A 04/10/2009 1,961.91 196.19 176.58 195.00 2,529.68 DTL 09/14/2009
Total Delinquent: $3,923.82 $392.38 $353.16 $195.00 $4,864.36
19-840-24-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
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19-840-27-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 0 4/1 012 0 0 9 $2,029.56 $202.96 $182.64 $195.00 $2,610.16 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $182.64 $195.00 $2,610.16
19-850-08-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $2,029.56 $202.96 $182.64 $195.00 $2,610.16 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $182.64 $195.00 $2,610.16
WILL.DAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District . r- District No.0.
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special J Judgement
R Refunded
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1"50-10-000 A MORAN TIMOTHY D 5485 BLOSSOM SAN JOSE,CA 04/10/2008 $1,923.44 $192.34 $519.30 $175.00 $2.810.08 RTL 09/14/2009
ETAL TREE LN 95124
A 12/10/2008 1,961.91 196.19 176.58 0.00 2,334.68 RDTL 09/14/2009
A 04/10/2009 1,961.91 196.19 176.58 195.00 2,529.68 DTL 09/14/2009
Total Delinquent: $5,847.26 $584.72 $872.46 $370.00 $7,674.44
19-850-18-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $2.029.56 $202.96 $182.64 $195,00 $2,610.16 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $182.64 $195.00 $2,610.16
19-860-04-000 A MOODY MARLENE& 7752 FISHER FISHER ISLAND,FL 12/10/2008 $2,097.21 $209.72 $188.76 $0.00 $2,495.69 RDTL 09/14/2009
DOUGLAS W ISLAND DR 33109
A 04/10/2009 2,097.21 209.72 188.76 195.00 2,690.69 DTL 09/14/2009
Total Delinquent: $4,194.42 $419.44 $377.52 $195.00 $5,186.38
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19-860-16-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1.961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
19-860-17-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $2,029.56 $202.96 $182.64 $195.00 $2,610.16 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $182.64 $195.00 $2,610.16
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District . r' District No.0.
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan 3 Hold/Special J Judgement
R Refunded
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19-860-18-000 A WATSON MATTHEW K POB 8451 TRUCKEE,CA 96162 12/10/2008 $2,029.56 $202.96 $182.64 $0.00 $2,415.16 RDTL 09/14/2009
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t A 04/10/2009 2,029.56 202.96 182.64 195.00 2,610.16 DTL 09/14/2009
Total Delinquent: $4,059.12 $405.92 $365.28 $195.00 $5,025.32
19-870-14-000 A BLOOM JEFFREY M 8 2085 BINNS CT SAN LUIS OBISPO, 04/10/2009 $1,961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
CHRISTINA L CA 93401
Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
19-870-20-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
19-870-21-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $2,029.56 $202.96 $182.64 $195.00 $2,610.16 RTL 09/14/2009
ENTERPRISES LLC 89402
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Total Delinquent: $2,029.56 $202.96 $182.64 $195.00 $2,610.16
WILLCIAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District r 0• 0•
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
i P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
k F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special J Judgement
R Refunded
a
19-880-02-000 A HOURIGAN PATRICK 8 12671 ST MORITZ TRUCKEE,CA 96161 12/10/2008 $2,232.51 $223.25 $200.94 $0.00 $2,656.70 RDTL 09/14/2009
AILEEN LN
A 04/10/2009 2,232.51 223.25 200.94 195.00 2,851.70 DTL 09/14/2009
Total Delinquent: $4,465.02 $446.50 $401.88 $195.00 $5,508.40
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19-880-05-000 A FERSON/SCHERMAN DAN FERSON LA JOLLA,CA 92038 04/10/2009 $2,232.51 $223.25 $200.94 $195.00 $2,851.70 RTL 09/14/2009
e` FAMILY LLC ETAL POB 1169
E
Total Delinquent: $2,232.51 $223.25 $200.94 $195.00 $2,851.70
19-880-08-000 A JPMORGAN CHASE WASHINGTON JACKSONVILLE,FL 10989 GHIRARD ROAD 12/10/2008 $2,029.56 $202.96 $182.64 $0.00 $2,415.16 RDTL 09/14/2009
BANK NTL ASSN MUTUAL BANK 32256
#JAXB2007
7255
BAYMEADOWS
A 04/10/2009 2,029.56 202.96 182.64 195.00 2,610.16 DTL 09/14/2009
R Total Delinquent: $4,059.12 $405.92 $365.28 $195.00 $5,025.32
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19-880-15-000 A SUTTER DOUGLAS 1039 CAMINO MORAGA,CA 94556 04/10/2009 $2,164.86 $216,49 $194.82 $195.00 $2,771.17 RTL 09/14/2009
PABLO
Total Delinquent: $2,164.86 $216.49 $194.82 $195.00 $2,771.17
19-890-02-000 A DELUCCHI RON 8 AMY 4481 PANORAMA LA MESA,CA 91941 12/10/2007 $1,989.76 $198.98 $537.30 $0.00 $2,726.04 RDTL 09/14/2009
ETAL DR
A 04/10/2008 1,989.76 198.98 537.30 175.00 2,901.04 DTL 09/14/2009
A 12/10/2008 2,029.56 202.96 182.64 0.00 2,415.16 RDTL 09/14/2009
A 04/10/2009 2,029.56 202.96 182.64 195.00 2,610.16 DTL 09/14/2009
Total Delinquent: $8,038.64 $803.88 $1,439.88 $370.00 $10,652.40
WI LL.DAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District .0. District No.0.
A Active fa Foreclosure Action Flags R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special J Judgement
R Refunded
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19-890-13-000 A RUPPERT NATHAN M POB 1921 TRUCKEE,CA 96160 04/10/2007 $1,885.72 $188.57 $848.70 $175.00 $3,097,99 RDTL 09/14/2009
ETAL
A 12/10/2007 1,923.44 192.34 519.30 0.00 2,635.08 RDTL 09/14/2009
I
A 04/10/2008 1,923.44 192.34 519.30 175.00 2,810.08 DTL 09/14/2009
A 12/10/2008 1,961.91 196.19 176.58 0.00 2,334.68 RDTL 09/14/2009
A 04/10/2009 1,961.91 196.19 176.58 195.00 2,529.68 DTL 09/14/2009
Total Delinquent: $9,656.42 $965.63 $2,240.46 $545.00 $13,407.51
19-890-18-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
19-900-18-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $176.58 $195.00 $2,529.68 RTL 09/14/2009
ENTERPRISES LLC 89402
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Total Delinquent: $1,961.91 $196.19 $176.58 $195.00 $2,529.68
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19-900-21-000 A TENEYCK SCOTT 10053 E ALDER TRUCKEE,CA 96161 12/10/2008 $2,029.56 $202.96 $182.64 $0.00 $2,415,16 RDTL 09/14/2009
4 CREEK
A 04/10/2009 2,029.56 202.96 182.64 195.00 2,610.16 DTL 09/14/2009
Total Delinquent: $4,059.12 $405.92 $365.28 $195.00 $5,025.32
WILLDAN
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Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District 04.1(Gray's Crossing)-Community Facilities District No.04.1(Gray's Crossing)
District Totals: Parcels Amount Penalties Interest fees Total
All delinquencies prior to the 200912010 levy 29 $98,907.93 $9,890.85 $12,175.86 $6,705.00 $127,679.64
2009/2010 delinquencies 0 0.00 0.00 0.00 0.00 0.00
Total 29 $98,907.93 $9,890.85 $12,175.86 $6,705.00 $127,679.64
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Page 7 of 7
Attachment 3
Community Facilites District No.03-1(Old Greenwood)
Prior Year Assessments as of 12/31/09
Due Dollars Dollars %Dollars Parcels Parcels
Date Levied Delinquent Delinquent Levied Delinquent
2006/07 $763,084.00 $0.00 0.00% 181 0
2007/08 802,563.90 4,775.43 0.60% 181 2
2008/09 809.1583.10 19,700.28 1 2.43% 181 7
Total $2,375,231.001 $24,475.711 1.03%
Community Facilites District No.04-1(Gray's Crossing)
Prior Year Assessments as of 12/31/09
Due " Dollars Dollars %Dollars Parcels Parcels
Date Levied- Delinquent Delinquent Levied` Delinquent
2006/07 $1,872,720.28 $1,885.72 0.10% 304 1
2007/08 2,068,614.76 14,419.15 0.70% 304 5
2008/09 2,026,119.76 1 82,603.06 1 4.08% 388 29
Total 1 $5,967,454.801 $98,907.931 1.66%
Covenant for Judicial Foreclosure:
The District has covenanted to commence judicial foreclosure proceedings against all parcels owned by a
property owner where the aggregate delinquent Special Taxes on such parcels is greater than$7,500 by the
October 1 following the close of each Fiscal year in which such Special Taxes were due.
The District will commence judicial foreclosure proceedings against all parcels with delinquent Special
Taxes by the October 1 following the close of each Fiscal Year in which it receives Special Taxes in an
amount which is less than 95%of the total Special Tax levied for such Fiscal year.
The District will diligently pursue such foreclosure proceedings until the delinquent special taxes are paid.
The District may elect to defer foreclosure proceedings on any parcel which is owned by a delinquent
property owner whose property is not, in the aggregate,delinquent in the payment for a period of three
years or more or in an amount in excess of$12,000 so long as the amount in the Reserve Account of the
Special Tax Fund is at least equal to the Reserve Requirement,and the District is not in default in the
payment of the principal of or interest on the Bonds.
` Attachment 4
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRUCKEE DONNER PUBLIC UTILTY DISTRICT ACTING ON
ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL
OF ITS COMMUNITY FACILITIES DISTRICTS ORDERING
JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL
TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND AUTHORIZING RETENTION
OF SPECIAL COUNSEL
WHEREAS,the Truckee Donner Public Utility District(the "TDPUD")has
conducted proceedings resulting in the formation of Community Facilities Districts ("CFDs";
the District and the CFDs are collectively referred to as "District") and the issuance and sale
of bonds or debt pursuant to the Mello-Roos Community Facilities Act of 1982 (Cal. Gov.
Code Section 53311, et seq.; the "Act"); and
WHEREAS, pursuant to the Act,the District has duly recorded Notices of Special
Tax Lien and has duly and regularly levied CFD special taxes, which special taxes and
interest and penalties thereon constitute a lien against the parcel of the land against which it
was levied until the same are paid, which liens secure in whole or part debt issued pursuant to
the Act; and
WHEREAS, certain installments of the special taxes have not been paid when due,
and certain special taxes may not be paid when due in the future; and
WHEREAS, pursuant to Section 53356.1(a) of the Act,the District is authorized to
order the special taxes collected by an action brought in the Superior Court to foreclose their
liens; and
WHEREAS, pursuant to Section 53356.1(b) of the Act,the District covenanted for
the benefit of owners of the debt to file such foreclosure actions on behalf of the debt holders
and are authorized to order the County Auditor to credit the delinquent special taxes upon the
secured tax roll, thus relieving the County Tax Collector of further duty and regard thereto;
and,
WHEREAS, the District wishes to retain experienced, qualified counsel to
prosecute such judicial foreclosure actions,
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the TDPUD
acting on its own behalf and as the Legislative Body of all of the District CFDs that:
1. The Board finds that the Act authorizes the commencement of judicial
foreclosure proceedings to collect delinquent special taxes, and hereby orders that the
delinquent special taxes listed on the attached Exhibit A and all future delinquent special
taxes as to such property, be collected by action brought in the appropriate Superior Court to
1
foreclose the liens thereof.
2. The District Mill in with who will sib contract) is authorized to retain Sherman
& Feller, a Law Corporation, as special counsel on the terms set forth in the agreement
presented to the Board to prosecute the foreclosure actions and to collect on behalf of the
CFDs all amounts due on account of the special taxes listed in Exhibit A and any subsequent
delinquent special taxes.
3. The Board finds that the Act provides for the payment of the costs and attorneys
fees for prosecution of the foreclosures authorized by the District and hereby authorizes
Attorneys to require payment on its behalf of all costs and all attorneys fees incurred as to
each delinquent parcel as a condition of such redemption as provided in the agreement.
Adopted by the Board of Directors of the Truckee Donner Public Utility District
acting on its own behalf and as the Legislative Body of all of its Community Facilities
Districts at a regular meeting held on 20_, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
District Clerk President, Board of Directors acting on its
own behalf and as the Legislative Body of all
of the Truckee Donner Public Utilities
District
(SEAL)
2
EXHIBIT A
[Sampl%r use document prepared by consultant with equivalent information]
CFD
APN Fiscal Year Installments Amount*
2007/08 2nd or Both**
** Or"2nd if only one installment is delinquent
*Exclusive of Delinquent and Redemption Penalties.
3
Attachment 5
AGREEMENT FOR LEGAL SERVICES FOR FORECLOSURE PROCEEDINGS
UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
RECITALS
A. The parties to this Agreement are the TRUCKEE DONNER PUBLIC
UTILITY DISTRICT on its own behalf and on behalf of its Community Facilities Districts
("DISTRICT") and SHERMAN &FELLER, A Law Corporation("Attorneys").
B. The DISTRICT has conducted, or in the future may conduct, proceedings
from time to time resulting in the issuance and sale of bonds pursuant to the Mello-Roos
Community Facilities Act of 1982 (Ca. Gov. Code ' 53311) (the "Act"). The DISTRICT
requires legal services from qualified special counsel to conduct foreclosure proceedings under
the Act and to provide other services related to the Act and/or related to problem parcels and
districts..
C. The purpose of this Agreement is for Attorneys to provide the DISTRICT
with special legal services in connection with all such matters which they refer to Attorneys.
This Agreement shall remain in effect for all such matters unless it, or a portion of it, is
specifically amended or rescinded in writing, either permanently or in relation to a particular
foreclosure action.
D. In consideration of the terms and conditions and their respective rights and
obligations, Attorneys and the DISTRICT (collectively, the "parties") agree as stated below.
AGREMENT
l. Effective Date. This Agreement shall be effective on execution by the
DISTRICT's duly authorized representative.
2. New Foreclosure Matters. This paragraph 2 applies to all new parcels referred
to Attorneys for foreclosure proceedings:
a. Preliminary Matters. Prior to referral of delinquent amounts to Attorneys
for collection the DISTRICT and/or its agents shall ensure the adoption of an
appropriate resolution ordering the foreclosures, the recordation of appropriate
Notice of Intent to Remove from the Tax Roll and the removal of the
delinquencies from the tax roll by the County Auditor, including the payment of
any removal costs required by the County. If so requested, Attorneys shall advise
the DISTRICT in relation to the foreclosure resolution, the preparation and
recordation of the Notice of Intent, and its transmission to the County Auditor.
b. Information Required. The DISTRICT and its agents shall provide
Attorneys with DISTRICT documents and other information regarding the
delinquencies referred to Attorneys as requested by Attorneys.
TDPUD AGREEMENT FOR LEGAL SERVICES(REVISED2)
Page 1 of 5
C. Collection Responsibility. Once a delinquent amount is referred to
Attorneys, the DISTRICT and its agents shall refer all queries regarding
redemption to Attorneys, who are authorized to concurrently collect on behalf of
DISTRICT, all amounts owing as to the delinquencies, including Attorneys fees
and costs, unless the designated DISTRICT official authorizes otherwise. The
DISTRICT acknowledges that Attorneys may expend time and advance costs on
preliminary matters prior to removal of delinquent amounts from the tax rolls
and/or prior to the filing of suit and that such time and costs are recoverable.
d. The Foreclosure Actions. Attorneys shall send demand letters and/or file
foreclosure lawsuits as instructed by the DISTRICT, prosecute the foreclosure
lawsuits through judgment, and cause the property to be sold pursuant to
judgment. Attorneys shall keep the DISTRICT informed of the status of the
proceedings as requested.
e. Costs and Expenses. Attorneys shall advance all out-of-pocket expenses
and costs related to foreclosure proceedings. Out-of pocket expenses advanced
include, but are not limited to, costs of locating parties (search costs, secretary of
state fees, process servers,telephone calls, etc.), lot book and litigation guaranties
and lien searches and recorded documents, service of process (process servers,
publication, etc.), copy charges (in house at$.25 page, outside at cost), witness
fees,travel,recorder and sheriff fees, express mail and postage. Except as
provided in paragraph 2(g), the District's payment of costs and expenses shall be
deferred.
f. Attorneys' Fees. Attorneys shall provide deferred legal services under this
Agreement as follows: (i) For small dollar amount delinquencies on built out
single family properties which are redeemed prior to the filing of a foreclosure
lawsuit, $525 per parcel for one delinquent fiscal year plus $125 for each
additional fiscal year to be collected for basic collection services,plus additional
fees and costs of$100-$200 per parcel if indicated, and (ii) for all other matters
at the rate of$350.00 per hour for principal attorneys, $215.00 per hour for other
attorneys and $100 to 145.00 for paralegals, which time shall be billed in
increments of.1 hour. These amounts and rates can be increased by no more than
10% on each one-year anniversary of this Agreement on thirty(30) days' written
notice by Attorneys to the DISTRICT. Except as provided in paragraph 2(g),the
DISTRICT's payment of attorneys' fees shall be deferred.
g. Payment of Deferred Costs and Fees. The DISTRICT agrees and
understands that this is not a contingent fee arrangement, and that Attorneys are
entitled to be paid all deferred fees and advanced costs and expenses (collectively,
"Deferred Amount") by the DISTRICT. However, as an accommodation to the
DISTRICT, Attorneys agree to defer payment until the occurrence of certain
events. As a basic principle, the parties agree that as to any particular
delinquency, the deferred amount shall be paid by the redeeming party to the
extent possible or practicable.
TDPUD AGREEMENT FOR LEGAL SERVICES(REVISED2)
Page 2 of 5
(1) Payment by Redeeming_Party. If a delinquency is redeemed prior
the filing of a lawsuit or entry of judgment, then Attorneys are authorized
to require payment of the Deferred Amount by the redeeming party
concurrently with redemption of the delinquencies. Attorneys, at their
option, may request that a redeeming party pay the Deferred Amount: (i)
by check payable to Attorneys separate from a check payable to the
DISTRICT for the delinquent amount, or(ii) in one check payable to the
DISTRICT for the full amount owing from which the DISTRICT will pay
attorneys the Deferred Amount within 30 days of Attorneys' invoice to
DISTRICT. If the delinquency is redeemed after judgment, whether
before sale or as a result of sale pursuant to the judgment,then Attorneys
are authorized to collect on behalf of the DISTRICT from the redeeming
or purchasing person, the attorneys fees and advanced costs and expenses
included in the judgment, together with statutory post judgment interest
thereon, and any post judgment and sale fees and costs and deferred
attorneys fees and costs. Attorneys shall be entitled to all.statutory post-
judgment interest accrued on the Deferred Amount. To the extent that
some or all of the pre or post judgment deferred fees, costs and expenses
may not be recoverable or included in the redemption payment or sale
price,the DISTRICT shall pay Attorneys that amount within thirty(30)
days of being billed by Attorneys after the_redemption or sale.
(2) Failed or Delayed Sales. If a sheriffs sale pursuant to a
foreclosure judgment is held but the property is not sold at the first
scheduled sale, then within thirty (30) days of being billed by Attorneys
the DISTRICT shall pay Attorneys the amount of attorney fees and costs
included in the judgment with statutory interest thereon from date of
judgment to date of payment, and all other deferred post judgment fees
and advanced costs and expenses. If the DISTRICT requests that sale be
delayed, such amounts shall be due and payable by the DISTRICT within
30 days of the date of Attorneys' invoice to the DISTRICT.
(3) Other Situations. After referral to Attorneys, if redemption cannot
be obtained , if attorneys fees cannot be recovered, and/or if a lawsuit or a
portion of it is dismissed due to incorrect information provided by
DISTRICT, its agents, the county, or due to a bankruptcy, owner military
service, or due to other factors beyond Attorneys' control, or in the
unlikely event that a legal defense is successful, and/or if Attorneys fees
and/or some or all costs are not recoverable (e.g., under laws or orders
related to the FDIC, Bankruptcy Code, et al.) from the redeeming party,
then the DISTRICT shall pay the Deferred Amount and any accrued post-
judgment interest and any post-Judgment deferred fees, costs and expenses
within 30 days of Attorneys' invoice to the DISTRICT.
(4) Bankruptcy and Receivership. The parties expressly acknowledge
that in some circumstances prosecution of the foreclosure action may be
stayed or otherwise precluded (e.g., Bankruptcy, FDIC receivership,
TDPUD AGREEMENT FOR LEGAL SERVICES(REVISED2)
Page 3 of 5
California Insurance Commissioner injunctions, etc.). In such event,
Attorneys shall consult the person designated by DISTRICT regarding the
appropriate course of action and Attorneys may require that the Deferred
Amount be paid immediately.
(5) Payment On Withdrawal. If Attorneys withdraw from
representation of the DISTRICT or the DISTRICT dismisses Attorneys as
its special counsel on any particular proceeding prior to Attorneys'
performance of all services required to be rendered by it under this
Agreement, then the DISTRICT shall pay Attorneys the deferred amount
and any accrued post judgment interest within thirty (30) days of
withdrawal or dismissal.
3. Other Services. This section 3 applies to all matters referred to Attorneys by the
DISTRICT other than New Foreclosure Matters addressed in paragraph 2, above. Those
matters include, but not limited to, litigation in which other counsel currently represent or
previously represented the DISTRICT, services related to workouts of"distressed" or
"problem" properties, "failed sale" parcels, appeals and defense of complaints and cross-
complaints, and review of documents unrelated to foreclosure lawsuits.
a. Attorneys' Fees. Principal attorney time shall be billed at$375 per hour,
other attorney time at $225 per hour, and paralegal time at$100-145 per hour,
billed in increments of.1 hour. These billing rates can be increased by no more
than 10% on each one-year anniversary of this Agreement on thirty (30) days'
written notice by Attorneys to the person designated by DISTRICT.
b. Costs and Expenses. The DISTRICT shall pay all costs and expenses
incurred by Attorneys related to matters referred to Attorneys, including,but not
limited to, litigation costs (i.e., service, recorder, filing fees,title reports,
deposition costs, sheriffs fees, etc.),travel costs,telephone, copying,postage,
federal express, other delivery services.
C. Time for payment. All such attorneys fees and costs shall be billed
monthly and payable by the DISTRICT within 30 days of billing.
4. Termination. This agreement may be terminated at any time by the DISTRICT
by written notice to Attorneys. In the event of termination,the DISTRICT shall pay any fees and
costs incurred by Attorneys within 30 days of Attorneys' invoice.
5. Conflicts. The parties recognize that Attorneys may have clients who may from
time to time have interests adverse to the DISTRICT, and the Attorney reserves the right to
represent such clients in matters not connected with the services provided by Attorneys pursuant
to this agreement.
6. Disclaimer of Guarantee. Nothing in this Agreement and nothing in Attorney's
statements to DISTRICT will be construed as a promise or guarantee about the outcome of
matters referred by DISTRICT to Attorneys. Attorneys make no such promises or guarantees.
TDPUD AGREEMENT FOR LEGAL SERVICES(REVISED2)
Page 4 of 5
s
Attorneys' comments about the outcome of DISTRICT's matter are expressions of opinion only.
7. Approval. By executing this Agreement,the DISTRICT acknowledges that the
DISTRICT Council, severally, has approved the employment of Attorneys as stated in this
Agreement.
SHERMAN & FELLER
A Law Corporation
DATED: By:
SUSAN FELLER
Corporate Secretary
DONNER TRUCKEE PUBLIC UTILITY
DISTRICT
DATED:
By:
Its:
TDPUD AGREEMENT FOR LEGAL SERVICES(REVISED2)
Page 5 of 5