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Home My WebLink AboutInv# SEPT282021 - G. Proulx LLC - 09/28/20211 Gaines, Taneisha From:Tim Ryan <tryan@ryanlawfl.com> Sent:Tuesday, September 28, 2021 3:07 PM To:Andrew Trailor Cc:Chen, K. Michael; Sosa-Cruz, Candido; Boutsis, Eve A.; Lissette Figueroa Subject:RE: 40 NW 14 Avenue, Dania Beach, FL Andrew - Proulx’s $3,000 counteroffer is accepted. I’ll draft the Satisfaction of Final Judgment, Discharge of Lis Pendens and notice of dismissal with prejudice and send the documents to you. Thank you. Timothy M. Ryan, Esq. Ryan & Ryan, LLC 700 East Dania Beach Boulevard, Third Floor Dania Beach, FL 33004 Tel: 954-920-2921 Fax: 954-921-1247 www.ryanlawfl.com tryan@ryanlawfl.com ATTENTION ALL: The information contained in this e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at (954) 920-2921 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. From: Andrew Trailor [mailto:andrewtrailor@attlawpa.com] Sent: Tuesday, September 28, 2021 1:43 PM To: Tim Ryan Subject: FW: 40 NW 14 Avenue, Dania Beach, FL Proulx counters for $3,000.00. You draft the resolution paperwork and I’ll get it signed. I waived my fee in tis. Thanks. Andrew T. Trailor, Esquire ANDREW T. TRAILOR, P.A. 9990 Southwest 77 Avenue, PH 12 Miami, Florida 33156 Tel: (305) 668-6090 Ext. 301 Cell: (305) 582-5988 Fax: (305) 668-6225 E-mail: andrew@attlawpa.com From: Andrew Trailor Sent: Thursday, September 16, 2021 2:32 PM To: Tim Ryan <tryan@ryanlawfl.com> Subject: RE: 40 NW 14 Avenue, Dania Beach, FL Counsel, G. Proulx thanks you and counters the $2,000 offer and will accept $4,125.00. We need to come to a swift agreement and get this done. Advise. Thanks. Andrew T. Trailor, Esquire ANDREW T. TRAILOR, P.A. 9990 Southwest 77 Avenue, PH 12 Miami, Florida 33156 Tel: (305) 668-6090 Ext. 301 2 Cell: (305) 582-5988 Fax: (305) 668-6225 E-mail: andrew@attlawpa.com From: Tim Ryan <tryan@ryanlawfl.com> Sent: Tuesday, September 7, 2021 8:49 AM To: Andrew Trailor <andrewtrailor@attlawpa.com> Cc: K. Michael <mchen@daniabeachfl.gov>; Kathleen <kweekes@daniabeachfl.gov>; Eve A. <eboutsis@daniabeachfl.gov>; Ansbro, Tom <tansbro@daniabeachfl.gov>; Frank <fdipaolo@daniabeachfl.gov>; Candido <csosacruz@daniabeachfl.gov>; Lissette Figueroa <lfigueroa@ryanlawfl.com> Subject: 40 NW 14 Avenue, Dania Beach, FL Mr. Trailor- My September 3rd email to you on this omitted my contact information. Here is the revised email. I represent the City of Dania Beach regarding a city CRA property located at 40 NW 14th Ave, Dania Beach (subject property). The City is assisting in the property transfer to a qualified affordable housing purchaser and has been notified by the title agent of a potential encumbrance referenced in the title commitment. You represented G. Proulx LLC in a mechanics lien foreclosure action against the subject property, referenced G. Proulx v. Delancey, filed in Broward Circuit Court, Case No. 05-5717 CACE 25. A Default Final Judgment of Foreclosure was entered in the case on October 6, 2005, and recorded October 12, 2005 in OR Book 40713, Page 13, Broward County Records. The Final Judgment was superceded by an Order (stipulation agreement) entered May 8, 2006, and recorded May 19, 2006 in OR Book 42054, Page 314 Broward County Records. A copy of the Final Judgment, the May 8, 2006 Order and the court docket are attached. The Final Judgment of Foreclosure set a foreclosure sale date on November 9, 2005, and by subsequent Order, the foreclosure sale was cancelled. One of the Defendants in the action, Carl Butler, filed a Motion to Vacate Final Judgment and the parties ultimately reached a settlement agreement. There is no further pleading or court activity in the case after the parties settlement agreement which is incorporated into the Court’s May 8, 2006 Order. For various reasons, the Final Judgment of Foreclosure is not a valid or enforceable lien against the subject property. First, a certified copy of the October 6, 2005 Final Judgment was never recorded, and the Final Judgment recorded on October 12, 2005 was not rerecorded. The Final Judgment terminated as a lien against the subject property on October 12, 2015. See Florida Statutes Section 55.10(1). In addition, the October 6, 2005 Final Judgment is not an enforceable lien since the May 8, 2006 Order clearly superceded and amended the Final Judgment. The May 8, 2006 Order established a payment schedule for Defendants to satisfy the debt and directed the Plaintiff to notify the court if the Defendants defaulted on payment. As stated in paragraph four of the Order, the balance due Plaintiff on May 8, 2006 was $4,657.58. The Defendants’ payment schedule as stated in the Order directed Defendants make monthly payments to Plaintiff, with the final payment due by October 1, 2006. If Defendants breached the payment terms, the Plaintiff was required to notify the court by filing appropriate motions for entry of a Final Judgment and a foreclosure sale date. As noted, the court docket confirms no pleadings or other action was taken by G. Proulx in this case after the May 8, 2006 Order. The Plaintiff’s failure to take any action in the subsequent to the May 8, 2006 Order indicates Defendants paid the outstanding debt to Plaintiff and thereby complied with the court Order. If the Defendants did default on payment to Plaintiff, the Plaintiff was required by court Order to give notice to the court and request a Final Judgment of Foreclosure. The Plaintiff’s right to seek a Final Judgment, as outlined in the May 8, 2006 Order, was never pursued through any judicial action. The Plaintiff’s right to a lien against the subject property terminated no later than May 8, 2011. See Florida Statutes Section 95.281(1)(a). The City offers your client $1,000 in settlement of this matter. To accept this settlement offer, please have your client execute and deliver to my office within 10 days, a Satisfaction of Final Judgment and Release of Lis Pendens. Please contact my office with any questions or concerns. Thank you for your prompt reply. Timothy M. Ryan, Esq. Ryan & Ryan, LLC 700 East Dania Beach Boulevard, Third Floor Dania Beach, FL 33004 Tel: 954-920-2921 Fax: 954-921-1247 3 www.ryanlawfl.com tryan@ryanlawfl.com ATTENTION ALL: The information contained in this e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at (954) 920-2921 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.