Dear Toby - April 2008
Your Comments and Questions - My Replies
I receive several comments and questions from website visitors. To many, I have responded individually. It occurred to me that some of these questions and answers would be of interest to all of you. I publish selected input and replies under the “Dear Toby” banner, with a new page each month to keep the pages short and readable. The most recent entry is at the top of the page.
Feel free to use the “Contact Us” button to send in your comments or questions. Your name will not be disclosed. Due to volume, I may be unable to reply to everyone.
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Question: What's going on with City Walk?
Toby Says: I spoke with
Question: What is a
Toby Says: Check out this website for a thorough description: edreform.com
Question: OK. So I went today to view a foreclosure sale. No one was there but the plaintiff, representing the bank. He was the only bidder, and took ownership of the property for $1000. So what happens next? And who gets that $1000?
Toby Says: The foreclosure sale is held at the request of the plaintiff (lender) as a result of a deficiency judgment against the property owner. When you borrow money to buy a house, you sign two documents related to the loan. The first is the note (pledge to pay the specified amount). The second is the mortgage which secures the note with the property. When the borrower defaults, the lender can take the property used to secure the note.
A foreclosure sale is open to anyone. The lender wants to protect their investment by making sure nobody purchases the property for less than the amount of the deficiency judgment (remaining balance, unpaid interest, and related foreclosure costs). They usually are prepared to bid up to that amount but may stop at a lesser amount if they believe the property value is lower.
Because the judgment was to the lender, they will receive any proceeds from the sale (up to the judgment amount). If there are no other bidders, the lender places a nominal bid, often $100, and is awarded the property. Since the lender has a large credi equal to the deficiency judgment, they do not have to pay the bid amount. They do have to pay court costs and the cost of the sale, but these amounts would be included in the deficiency judgment. What happens next is the Clerk of Courts issues a Certificate of Title to the lender and the lender takes possession of the property. The previous owner (borrower) or any tenants can legally be evicted. A foreclosure invalidates the lease.
Question: I would like to know what has happened to the movie theater that was promised to
Toby Says: The Epic Theater project is expected to break ground in
Question: Is there any new word on when refurbishment of the Palm Harbor Golf course will begin? We heard it's supposed to re-open in the fall; however, there's no indication that any work has begun?
Toby Says: When I asked "Friends of Golf" for an update, they responded that some permitting issues with St. Johns Water Management remain. Also, they have concluded that the original estimates for an opening date were very optimistic. No new date was projected. Otherwise, the project is moving forward. I am reminded of something a wise person once said, "It took longer than I thought it would, but I knew it would."
Question: I was on the Trulia website looking at recently sold homes and saw that
Toby Says: One of the problems with a site like Trulia is that they have difficulty filtering out unqualified sales. In this case, the transaction did take place, but it was a transfer from the owner to a living trust in the owner's name. For some reason, the owner chose $41,000 as the transfer price. The Flagler County Property Appraiser's website lists it as "Unqualified", meaning that it was not an "arm's length transaction and cannot be relied upon for appraisal comparisons. Here is a link to the appraiser's webpage showing the property details. (click here)
Question: What are they building behind Microtel Inn & Suites on old kings? The huge concrete structure looks almost like a ramp.
Toby Says: That would be the Fairfield Inn.
Question: What are they doing to the land on the east side of A1A just north of
Toby Says: That parcel is owned by

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