HomeMy WebLinkAbout12 Foreclosures Community Facilities District Agenda Item ## 12
TRUCKEE DONNER
ACTION
To: Board of Directors
From: Bob Mescher
Date: October 05, 2011
Subject: Consideration of Foreclosures in the CoFacilities .
mmunity Districts
1. WHY THIS MATTER IS BEFORE THE BOARD
Adoption of a foreclosure resolution and contractingwith a foreclosure
the next steps in the collection of re attorney are
delinquent Community Facilities District (CFD)
assessments. Only the Board can adopt resolutions and contract with legal couns
el.
sel.
2. HISTORY
In 2003, the Board formed a Communities Facilities District CF
development. In 2004 (CFD)D) for the Old
Greenwood develo
p , the Board formed a Communities Facilities District
for the Gray's Crossing development and authorized the sale of add
itional bonds 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 G ra s Crossing developments.
Y g
Each year, the property owners of each CFD have been assessed t
and interest on the bonds. o pay the principal
3. NEW INFORMATION
FORECLOSURE CRITERIA
The criteria for when the Board must proceed with foreclosure are:
A) A parcel or property owner is past due more than $7,500•
B) If more than 5% of the amount billed is past due, all past due
to foreclosure. p parcels are subject
There are 4 property owners in Old Greenwood that are delinquent
assessments prior to the 2011/12 le Attach q ent in paying the
vy. Attachment 1 lists the total past due for Old
Greenwood assessments is $13,539 including principal, interest
delinquencies p , penalties and fees.
None of the Old Greenwood delin
q s are more than $7,500 and the total past
due does not exceed 5% of the amount billed. The Board
foreclosure on these parcels. proceed with
There are currently 16 parcels in Gray's Crossingthat are delinquent
assessments prior to the 2011/12 I q ent in paying the
CrossingeVY• Attachment 2 lists the total past due for Gray's
assessments is $628,311 including principal, interest, penalties and fees
(Attachment 2). Five parcel owners are delinquent b than
ro Y more $7,500 on their
assessments. There is one
566 property owner that is past due on three parcels totaling
$ ,340 including penalties, interest and fees. The total past o
limit. The Board must proceed with p due exceeds the 5/o
p th foreclosure on on all 16 parcels..
Attachment 3 is the Covenant for Judicial Foreclosure which
foreclosure proceedings apply.
defines when the
All of the property owners have received reminder letters and dema
nd letters prepared
by Willdan Financial, the firm that ad
ministers the collection of the assessments.
Willdan has also sent a letter to the lenders and
the copied p property owners.
SPECIAL COUNSEL
As discussed in the September 7, 2011 Board Meeting, the District's
Susan Feller, is closing her office soon. ct's special counsel
Staff reviewed proposals from several firms,
and recommends Burke, Williams, & Sorensen LLP ""BWS( ) to replace Sherman &
Feller and to transition an
y open cases from Sherman & Feller to BWS.
BWS' fees are similar to Sherman & Fellers and the firm is willing
solely from the proceeds of their collects thus reducing the Distri
to be reimbursed
ct's risk.
NEXT STEPS
The next steps are:
A) Review and adopt the draft resolution which orders
pursuant judicial foreclosure of
delinquent special taxes p t to the Mello-Roos Community Facilities Act of
1982 and
authorizes retention of special counsel (Attachment 4).
B) Authorize the Board President to enter into a fee agreement
Burke, Williams, & Sorensen L g nt for legal services with
LP, after the fee agreement has been review b the
District's counsel. Y
4. FISCAL IMPACT
There is no fiscal impact with this action it
em. All charges incurred related to the
judicial foreclosure process are the responsibilityproperty of the p p ert y owners in the CFD.
5. RECOMMENDATION
1) Adopt the attached foreclosure resolution authorizingstaff
proceed with the foreclosure process on and special counsel to
's Crossing p all delinquent parcels in both Old Greenwood
and Gray's ssing Community Facilities Districts.
2) Authorize the Board President to enter into a fee agreement
Burke, Williams, & Sorensen LLP g ent for legal services with
for their work relating to the foreclosure on
delinquent parcels in both Old Greenwood and G ra 's Cros
sing ssing Community Facilities
�.._ --------------
Bob Mescher
Acting Administrative Services Manager Michael D. Holley
General Manager
Special Tax
Delinquency Detail Report
Truckee Donner PUD
Are
.••
A Active fa Foreclosure Action Flags; R Reminder Letter Sent
N Notice of Intent/Strip Requested P Paid Off 8 Split
D Demand Letter Sent T Removal confirmed U SBE H Handbilled
F Finished L Foreclosure Letter Sent F Parcel in Foreclosure 0 Bankrupt
P Payment Plan S Hold/Special Circumstance
R Refunded J Judgement
'<Yt 2'2 .j '.t'• f...} t• f•t 2 y't:ti� •}�. ..r f '�}2 `knL.}} .:•r , �.,.
{
• .. .... .... .... :. .... {, 1. ..H.{C
19-740-34-000 A HOUSE JAMES B WIGGINS JAMES B(50%) RENO,NV 89512 13132 LOOKOUT LOOP 12/10/2010
TRSTE(50%) 2777 NORTHTOWNE LN $1,689.24 $168.92 $76.02 $0.00 $1,934.16 RD 08/31/2011
A
04/10/2011 1,689.24 168.92 76.02 0.00 1,934.18 D
08/31/2011
Total Delinquent: $3,378.48 $337.84 $152.04 0.00 $3,868.36
19-740-42-000 A LESSMAN ROGER W 12665 SETTLERS LN TRUCKEE,CA 12565 SETTLERS LANE
12/10/2010 $1,689,24 $168.92 $0.00 $1,934.18 RD
96161 $76.02 08/31/2011
A
04/10/2011 1,689.24 168.92 76.02 0.00 1,934.18 D
0813112011
Total Delinquent: $3,378.48 $337.84 $152.04 0.00 $3,868.36
19-750-06-000 A KONINIEC STEVEN 1777 VINEHILL CR FREMONT,CA 12850 LOOKOUT CIRCLE 04/10/2011
94539 $1,689.24 $168.92 $76,02 $0.00 $1,934.18 R 08/31/2011
Total Delinquent: $1,689.24 $16892
$76.0202 0.00 $1,934.18
19-750-39-000 A WOGAN JAMES R& 881 COLUMBINE CT DANVILLE,CA 12593 CALEB DRIVE 12/10/2010
$1,689.24 $168.92 $76.02 $0.00 $1,934.18 RD 08l31/2011
PAULA J 94526
A
04/10/2011 1,689.24 168.92 76.02 0.00 1,934.18 D .
OB/31/2011
Total Delinquent: $3,378.48 rt
$337.84 $152.04 0.00 $3,888.36
t7
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Page 1 of 2
Special Tax
Delinquency Detail Report
Truckee Donner PUD
IRS
• • ..•
• • 1 •-1• •••
District Totals:
All delinquencies prior to the 2011/2012 levy Parcels Amount Penalties Interest Fees Total
44182.
2011/2012 delinquencies 4 $11,824.68 $1, $532.14 $0.00 $13,539.26
0 0.00
Total 0.00 0.00 0.00 0.00
4 $11,824.68 $1,182.44 $532.14
$0.00 $13,539.26
WI LLDAN
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Page 2 of 2
Special Tax
Delinquency Detail Report
Truckee Donner PUD
• �' its 61TAT6
A Active to Foreclosure Action
Flags: R Reminder Letter Sent N Notice of Intent/Strip Requested P Paid Off 3 Split U SBE H Handbilled
D Demand Letter Sent T Removal confirmed
F Finished F Parcel in Foreclosure B Bankrupt
L Foreclosure Letter Sent P Payment Plan
R Refunded 3 Hold/Special Circumstance J Judgement
ti
...Lr.: b•?
19-770-02-000 Afa ...:......,.. .,: �z...:. ,..
GRAY'S STATION LLC EAST WEST PARTNERS TRUCKEE,CA 11163 CHINA CAMP ROAD 12/10/2009 k. f POB 2537 96160 $16,959.83 $1,695.98 $3,816.00 $0.00 $22,471.81 TF 08/31/2011
A fa
A fa 04/10/2010 16,959,83 1,695.98 3,816.00 0.00 22,471.81 TF
08/31/2011
12/10/2010 89,697.16 8,969.72 4,036.38 0.00 102,703.26
08/31/2011
Afa
04/10/2011 89,697.16 8,969.72 4,036.38 0.00 102,703.26
08/31/2011
9-770-13-000 A SEELIG FRANK M 8 POB 3947
TRUCKEE,CA 11242 CHINA CAMP ROAD Total Delinquent: $213,313.98 $21,331.40 $15,704.78 0.00 $250,350.14
0411 0/2 0 11 $1,632.93
PRANCES TRSTES 96160 $183.29 $73.47 $0.00 $1,869.69 R ETAL 08/31/2011
Total Delinquent: $1,632.93 $163.29 $73.47 0.00
$1,869.69
19-790-05-000 A TRUCKEE RIVER 5454 ASHBY LN
GRANITE BAY,CA 11523 CHINA CAMP ROAD 12/10/2010 $1,632.93
PARTNERS 95746
A $163,29 $73.47 $0.00 $1,869.69 RD 08/31/2011 f*
rt
04/10/2011 1,632.93 163.29 73.47 0.00 1,869.69 D
08/31/2011 �
Total Delinquent: $3,265.86 $326.58 $146.94 0.00
$3,739.38
19-790-25-000 A TAHOE BUILDER LLC POB 2727 �
MC CALL,ID 83638 10551 BRICKELL COURT 12/10/2010 $1,689.24
$168.92 $76.02 $0.00 $1,934.18 RD
08/31/2011�
A rt
04/10/2011 1,689.24 168.92 76.02 0.00
1,934.18 D 08/3112011�~.. N
Total Delinquent: $3,378.48 ~�
$337.84 $152.04 0.00 $3,868.36
19-800-04-000 q
MCGEE OTIS JR ETAL 5708 BALMORAL DR OAKLAND,CA 11768 CHINA CAMP ROAD 04/10/2011
94619 $1,689.24 $168.92 $76.02 $0.00 $1,934.18 R
08/31/20111V
Total Delinquent: $1,689.24 G)
$168.92 ^
$76.02 O.OD $1,934.16 1`1
19-800-06-000 A POUTS LANDSCAPE 1949 5TH ST#107
DAVIS,CA 95616 11777 CHINA CAMP ROAD 12/10/2010 $1,576.62
$157.66 $70.95 $0.00 $1,805.23 RD 08/31/2011
ca
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Page 1 of 5
Special Tax
Delinquency Detail Report
Truckee Donner PUD
M• • • •
A Active fa Foreclosure Action
Flags; R Reminder Letter Sent N Notice of Intent/Strip Requested P Paid Off 3 Split U SBE H Handbilled
D Demand Letter Sent T Removal confirmed
F Finished F Parcel in Foreclosure B Bankrupt
L Foreclosure Letter Sent P Payment Plan
R Refunded S Hold/Special Circumstance J Judgement
}
.ru t
:
04/10/2011 1,576.62 157.66 70.95 0.00 1,805.23 D •..
08/31l2011
Total Delinquent: $3,153.24 $315.32 $141.90 0.00 $3,610.46
19-800-07-000 A BROOKS JONI J TRSTE 11450 CINDER CONE CT
TRUCKEE,CA 11767 CHINA CAMP ROAD 04/10/2011 $1,632.93 $163.29
96161 $73.47 $0.00 $1,869.69 R 08/31/2011
Total Delinquent: $1,632.93 $163.29 v,A� ,869.
$73.4T 0.00 $1,869.69
19-800-15-000 A fa SUMARAGA DOUGLAS 43583 GREENHILLS WAY FREMONT,CA 11874 COBURN DRIVE
. ,267.50 RDTL
L&ELEANOR M ETAL 12/10/2009 $1,711.32 $171.13 $385.05 $000 $2
94539 OB/31/2011
A fa F
04/10/2010 1,711.32 171.13 385.05 0.00 2,267.50 DTLF
08/31/2011
A fa
12/10/2010 1,745.54 174.55 78.54 0.00 1,998.63
08/31/2011
A fa
04/10/2011 1,745,54 174.55 78.54 0.00 1,998.63
08/31/2011
Total Delinquent: $6,913.72 $691.36 $927.18 0.00 $8,532.26
19-800-22-000 A EMARD 3342 SWETZER COURT LOOMIS,CA 95650 11863 COBURN DRIVE 12/10/2010
DEVELOPMENT $1,632.93 $163.29 $73.47 $0.00 $1,869.69 RD
08/31/2011
A
04/10/2011 1,632.93 163.29 73.47 0.00 1,869.69 D
08/31l2011
Total Delinquent: $3,285.86 ;326.58 $146.94 0.00 ;3,739.38
19-860-13-000 A MCGAUGHEY SANDRA POB 33153
L05 GATOS,CA 04/10l2011 $2,041.16
M 95031 $204.12
$91.86 $0.00 $2,337,14 R
08/31/2011
Total Delinquent: $2,041.16 ;204.12 $91.86 0.00 $2,337.14 "
19-870-09-000 A NIVEN DRAKE& 1347 MT DIABLO CR
SOUTH LAKE 55 $2
111
04/10/2011 $2, . 11.16
NANNETTE TAHOE,CA96150 $95.01 $0.00 $2,417.72 R 08/31/2011
Total Delinquent: $2,111.55 ;211.16 $95.01 0.00 $2,417.72
19-870-13-000 A QUINLAN GERALD 15349 DELA CRUZ DR
RANCHO MURIETA, 04/10l2011 $2,041.16 $204.12
CA 95683 $91.86 $0.00 $2,337.14 R
08/31/2011
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Special Tax
Delinquency Detail Report
Truckee Donner PUD
KIN • !Mama
• 1� • •
A Active fa Foreclosure Action
Flags: R Reminder Letter Sent P Paid O N Notice of Intent/Strip Requested Off S Split U SBE H Handbilled D Demand Letter Sent T Removal confirmed
F Finished F Parcel in Foreclosure B Bankrupt
L Foreclosure Letter Sent P Payment Plan
R Refunded S Hold/Special Circumstance J Judgement
2, {x Y 2• ry} ,�`✓} � S. i.2{ i 22 i{2 :'.+}f�,{}:�'•}in�; � K t }L.:• y, > f
k
}.::{. :. ... ::> [ i ''i :r,}.{• v" �# .Y> r:L ti yA ✓ ' c r
}
•
.: > v:.,�.:..:o: :,,. :2v.:.:a}'�..:..:,.:i•.:X.. `.Y{.` �<#.Y r: + { r2 ;e y. s y•' 2<' Y � ;,�. x
19-890-02-000 Afa DELUCCHI RON&AMY 4481 PANORAMA DR Total Delinquent: $2,041.18 ;204.12 $91.86 0.00 $2,337.14
LA MESA,CA 91941 12/10/2007 $1,989.76
$198.98 .$1,164.15 $0.00 $3,352.89 RDTL 08/31/2011
A fa F
A fa 04/10/2008 1,989.76 198.98 1,164.15 0.00
3,352.89 DTLF 08/31/2011
12/10/2008 2,029.56 202.96 821.88 0.00 3,054.40 RDTL
08/31/2011
A is F
A fa 04/10/2009 2,029.56 202.96 821.88 0.00 3,054.40 DTLF
08/31/2011
12/10/2009 2,070.15 207.02 465.75 0.00
2,742.92 TF 08/31/2011
Afa
A fa 04/10/2010 2,070.15 207.02 465.75 0.00 2,742.92 TF
D8/31/2011
A fa 12/10/2010 2,111.55 211.16 95.01 0.00 2,417.72
08/31/2011
04/10/2011 2,111.55 211.16 95.01 0.00
2,417.72 08/31/2011
Total Delinquent: $16,402.04 $1,640.24 $5,093.58 0.00
$23,135.86
19-910-02-000 A IFLAND GARY R 8 448 SILVERWOOD DR
SCOTTS VALLEY, 11169 HENNESS ROAD 04/10/2011 $2,252.32 34
CHERENE TRSTES CA 95066 $225.23 $101. $0,00 $2,578.89 R 08/31/2011
ETAL
43-010-05-000 Afa GRAY'S STATION LLC EAST WEST PARTNERS TRUCKEE,CA Total Delinquent: $2,252.32 $225.23 $701.34 0.00 $2,578.89
POB 2537 96160 12/10/2009 $7,882.41 $788.24 $1,773.60 $0.00
$10,444.25 TF 08/31l2011
Afa
A fa 04/10/2010 7,882.41 788.24 1,773.60 0.00 10,444.25 TF
D8/31/2011
A fa 12/10/2010 41,688.52 4,168.85 1,875.99 0.00 47,733.36
08/31/2011
04/10/2011 41,688.52 4,168.85 1,875.99 0.00 47,733.36
08/31/2011
WI LLDAN Printed on:September 01 2011 at
Financial Services I 8:30 am
Page 3 of 5
Special Tax
Delinquency Detail Report
Truckee Donner PUD
r • �
A Active fa Foreclosure Action Flags: R Reminder Letter Sent
N Notice of Intent/Strip Requested U SBE P Paid Off 3 Split H Handbilled
D Demand Letter Sant T Removal confirmed
F Finished L Foreclosure Letter Sent F Parcel in Foreclosure B Bankrupt
P Payment Plan 3 Hold/Special Circumstance
R Refunded J Judgement
,},:• ,}fit' .> •.>z}•' z •{sz } <' ^#"{' zz }}�::
,
.Y
,
}
• r
Total Delinquent: $99,141.86 $9,914.18 $7,299.18 0.00 ;118,355.22
43-010-07-000 A fa GRAY'S STATION LLC EAST WEST PARTNERS TRUCKEE,CA
POB 2537 12/10/2009 $13,524.20 $1,352.42 $3,042.90 $0.00 '$17,919.52 TF
96160 08/31/2011
A fa
04/10/2010 13,524.20 1,352.42 3,042.90 0.00 17,919.52 TF
08/3112011
A fa
12/10/2010 71,526.80 7,152.68 3,218,70 0.00 81,898.18
08/31/2011
A fa ,
04/10/2011 71,526.80 7,152.68 3,218.70 0.00 81,898.18
08/31/2011
Total Delinquent: $170,102.00 $17,010.20 $12,523.20 0.00 $199,635.40
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Special Tax
Delinquency Detail Report
Truckee Donner PUD
District Totals:
All delinquencies prior to the 2011/2012 levy Parcels Amount Penalties Interest Fees Total
16 $532,338.33 $53,233.83 $42,738.75 2011/2012 delinquencies $0.00 $628,310.91
0 0.00
Total 0.00 0.00 0.00 0.00
16 $532,338.33 $53,233.83 $42,738.75
$0.00 $628,310.91
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Attachment 3
Covenant for Judicial Foreclosure;
The District has covenanted to commence judicial foreclosure proceedings against all own parcels
property owner where the aggregate delinquent Special Taxes on such parcels p owned by a
October 1 following the close of each Fiscal year in which such Special p s is greater than$7,SOo by the
Taxes were due.
The District will commence judicial foreclosure proceedings against all parcels with delinquent S
Taxes by the October 1 following the close of each Fiscal Year in which it receivespenal
q
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 delinquents special taxes
The District may elect to defer foreclosure proceedings on an p s are paid.
p g y 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
payment of the principal of or interest on the Bonds. the
Attachment 4, 2 pages
..........
TRUCKEE
Publ c Utility District
.v.
ik• : ,
W
RESOLUTION NO. 2011 - XX
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL
OF ITS COMMUNITY FACILITIES DISTRICTS
(OLD GREENWOOD No. 03-1 AND GRAYS CROSSING No. 04-1
AUTHORIZING RETE
NTION OF SPECIAL COUNSEL
WHEREAS, the Truckee Donner Public Utility District "} h"
the TDPUD
resulti ( as conducted
proceedings resulting in the formation of Community Facilities Districts "CFDs"• the
District and the CFDs are collectivelyref ( 'erred to as "District") and the issuance and sale of
bonds or debt pursuant to the Mello-Roos CommunityFacilities Act of 1
Code Section 53311, et se .• the "Act"); g82 (Cal. Gov.
q , and
WHEREAS, pursuant to the Act, the District has duly recorded Notices of
Special Tax Lien
and has duly and regularly levied CF
9 Y D special taxes, which special taxes and interest and
penalties thereon constitute a lien against the parcel of the land against which hit was levied
until the same are paid, which liens secu
re in whole or part debt issued pursuant to the
Act; and
WHEREAS, certain installments of the special taxes have n
certain special taxes may not of been paid when due, and
y be paid when due in the future; and
WHEREAS, pursuant to Section 53356.1(a) of the Act, the District is
the special taxes collected b an action authorized to order
liens; and
Y brought in the Superior Court to foreclose their
WHEREAS, pursuant to Section 53356.1(b) of the Act, the District
benefit of owners of the debt to file such foreclosurecovenanted for the
actions on behalf of the debt holders
and are authorized to order the County Auditor to credit the s delinquent
the secured tax roll, thus relievingthe Co q pedal taxes-upon
County Tax Collector of further duty and regard
thereto; and,
WHEREAS, the District wishes to retain experienced, counsel qualified
judicial foreclosure actions q sel to prosecute such
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of
Legislative B the TDPUD acting on
its own behalf and as the Le
g Body of all of the District CFDs that.
1. The Board finds that the Act authorizes the commencement of 'u
proceedings to collect delinquent judicial foreclosure
q special taxes, and hereby orders that the
delinquent special taxes listed on the attached Exhibits Al and A2
ro , and all future
delinquent special taxes as to such
property, be collected by action brought in the
appropriate Superior Court to foreclose the liens thereof.
1
2. The District President of the Board is authorized to retain
Sorensen LLP, a law firm n Burke, Williams &
a tar
s special counsel on the terms set forth in the
agreement presented to the Board to prosecute the foreclosure action
collect on behalf of the CFDs all amounts due on sand to .
account of the special taxes listed
in Exhibits Al and A2, and any subsequent delinquent special
q p al taxes.
3. The Board finds that the Act provides for the of
payment the costs and attorneys
fees for prosecution of the foreclosures authorized by the District and hereb
authorizes Attorneys to require payment on its behalf of all y
fees incurred as to each delinquent costs and all attorneys
q t parcel as a condition of such redemption as
provided in the agreement.
Adopted by the Board of Directors of the Trucke
e Donner Public Utility District acting on its
own behalf and as the Legislative Body of all of its Community
regular meeting held on October 5 201 Facilities Districts at a
1, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender, President
ATTEST:
Michael D. Holley, P.E. Clerk of the Board
Resolution 2010-01 2