HomeMy WebLinkAbout26-108RESOLUTION NO. 2026 -108
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA AUTHORIZING THE COUNTY ADMINISTRATOR, OR
DESIGNEE, TO EXECUTE SATISFACTIONS, RELEASES, SUBORDINATIONS, AND
RELATED DOCUMENTS FOR LIENS, MORTGAGES, DEFERRED PAYMENT LOANS,
OR OTHER SECURITY INSTRUMENTS RECORDED IN FAVOR OF ST. LUCIE COUNTY
IN CONNECTION WITH COUNTY AFFORDABLE HOUSING, HOUSING
REHABILITATION, DOWN PAYMENT ASSISTANCE, DISASTER RECOVERY,
HOMELESSNESS, OR COMMUNITY DEVELOPMENT PROGRAMS; PROVIDING
FOR CONDITIONS OF EXECUTION; PROVIDING FOR RECORDKEEPING;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, St. Lucie County ("County") administers various affordable housing, housing rehabilitation,
down payment assistance, disaster recovery, homelessness, community development, and related assistance
programs for the benefit of eligible residents and households; and
WHEREAS, as a condition of receiving assistance, program participants may be required to execute
mortgages, liens, deferred payment loan agreements, promissory notes, restrictive covenants, declarations,
or other security instruments in favor of the County to secure compliance with program requirements,
repayment obligations, affordability periods, or other terms and conditions of assistance; and
WHEREAS, from time to time, recipients of County housing or community development assistance
request that the County execute a satisfaction, release, subordination, partial release, modification, estoppel,
payoff acknowledgment, or other related document affecting such recorded instruments, typically in
connection with a refinance, sale, title correction, payoff, or other financial or real estate transaction; and
WHEREAS, delays in processing routine satisfactions, releases, and subordinations may negatively
affect program participants by delaying closings, refinancing transactions, sales, title work, or other time -
sensitive financial transactions; and
WHEREAS, the Board of County Commissioners finds that, where the applicable program requirements,
funding -source requirements, recorded documents, County policies, and legal requirements have been
satisfied, the execution of satisfactions, releases, subordinations, and related documents is administrative
and ministerial in nature; and
WHEREAS, the Board desires to promote efficient administration of County housing and community
development programs while preserving appropriate review, documentation, compliance, and
accountability; and
WHEREAS, the Board finds that authorizing the County Administrator, or designee, to execute such
documents when all applicable conditions have been met serves a public purpose and is in the best interest
of the County and the residents served by its housing and community development programs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
Section 2. Authorization to Execute Documents. The County Administrator, or designee, is hereby
authorized to execute, on behalf of St. Lucie County, satisfactions, releases, partial releases, subordinations,
modifications, payoff acknowledgments, estoppel letters, affidavits, corrective instruments, and other
related documents necessary to administer, clear, subordinate, release, or satisfy liens, mortgages, deferred
payment loans, restrictive covenants, declarations, or other security instruments recorded in favor of St.
Lucie County in connection with County -administered affordable housing, housing rehabilitation, down
payment assistance, disaster recovery, homelessness, community development, or related assistance
programs.
Section 3. Conditions for Execution. The authority granted by this Resolution may be exercised only
after County staff has confirmed and documented, as applicable, that:
a) the request relates to a County -administered housing, community development, disaster recovery,
homelessness, or related assistance program;
b) the requested satisfaction, release, subordination, partial release, modification, payoff
acknowledgment, estoppel, affidavit, or corrective instrument is consistent with the original
assistance documents, recorded security instrument, applicable program agreement, County policy,
legal requirements and funding -source requirements;
c) any repayment, payoff, affordability -period requirement, occupancy requirement, hardship
provision, recapture provision, resale restriction, or other applicable program requirement has
been satisfied, waived, deferred, or otherwise addressed in accordance with the governing program
documents and applicable law;
d) for a satisfaction or release, the County has received payment in full, completed the required
affordability or compliance period, confirmed that repayment is not required, or otherwise
determined that release is permitted under the governing documents and program requirements;
e) for a subordination, the proposed transaction has been reviewed for consistency with the
applicable program requirements and County policy, including any requirements related to
continued affordability, lien position, loan -to -value, owner occupancy, reduction or reasonableness
of housing costs, prohibition on cash -out when applicable, or other conditions required by the
applicable program or recorded documents;
f) the document has been reviewed for form and legal sufficiency by the County Attorney's Office,
unless the County Attorney has approved a standard form for recurring use on routine transactions;
and
g) the Community Services Department, or other administering department as applicable, has
retained documentation supporting the determination in the program file.
Section 4. No Waiver of Program Requirements. Nothing in this Resolution shall be construed to
waive, amend, or modify any program requirement, funding -source requirement, recorded document,
affordability period, repayment obligation, lien, mortgage, restrictive covenant, or other obligation owed to
St. Lucie County unless such waiver, amendment, modification, satisfaction, release, or subordination is
expressly authorized by the applicable documents, program requirements, County policy, or separate action
of the Board of County Commissioners.
Section 5. Recordkeeping and Reporting. The administering department shall maintain a file for each
executed satisfaction, release, subordination, partial release, modification, payoff acknowledgment,
estoppel, affidavit, or corrective instrument. The file shall include the request, supporting documentation,
staff determination, legal review where applicable, executed document, and recording information if
recorded in the public records. The County Administrator may establish administrative procedures to
implement this Resolution.
Section 6. Recording. The County Administrator, or designee, is authorized to cause any document
executed pursuant to this Resolution to be recorded in the Public Records of St. Lucie County, Florida, when
recording is necessary or appropriate to effectuate the document.
Section 7. Effective Date. This Resolution shall take effect immediately upon adoption.
After motion and second the vote on this resolution was as follows:
Commissioner Jamie Fowler, Chair
AYE
Commissioner Larry Leet, Vice Chair
AYE
Commissioner James Clasby
AYE
Commissioner Erin Lowry
AYE
Commissioner Cathy Townsend
AYE
PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida,
this _ day of , 2026.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
it
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney