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HomeMy WebLinkAbout43-Community Development . . CITY OF SAN BERtAlDINO - REQUEST ~R COUNCIL ACTION Dept: Community Development February 22, 1989 Direct~~'o.-~) OFFCDBG LOAN NUMBER L-649-0194- Illlltl u.. 49 - ROBERT AND MARGARET -- ~tD 27 P'~ /2: 3QAVARRO DBA BOB'S MARI<ET .(ji; From: Kenneth J. Henderson, Date: Synopsis of Previous Council action: None. Recommended motion: That the request for loan restructuring, conversion of loan to a grant or discontinuing foreclosure proceedings, as appropriate, be denied and staff directed to continue implementation of loan collection policy previously adopted by the Mayor and Common Council (Resolution Number 85-417). Contact person: Ken Henderson Phone: 5065 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. DescriPtion) N/A Finance: Council Notas: A.........."..... 1+........ I\.I^ #~ ~ITY' OF SAN _RNI:.DINO - REQUEST ,caR COUNCIL ACTION STAFF REPORT In September, 1978 and March, 1979, the City made two (2) loans in the amount of $24,127.32 and $33,664.70, respectively, to Robert and Margaret Navarro, dba Bob's Market, for physical rehabilitation of Bob's Market. In March 1982, a third loan waS made to the Navarros in the amount of $11,676 and consoli- . dated with the first and second loans fora recorded loan amount of $72,273.59 (in addition to loan amounts, this amount includes funds for title and recording fees, taxes and insur- ance). The promissory note executed in connection with the last transaction stated that "...in the event the undersivned fails to pay the interest on or principal amount of this note when due...the unpaid princpal amount of the note, together with accrued interest and late charges, shall become due and pay- able." From the inception of the first loan, the Navarros were consistently delinquent and on several occasions, allowed the fire insurance on the subject property to lapse, which in itself would enable the City to call the loan. Because of the seriously delinquent status of the consolidated loan, staff, once again, commenced negotations with the Navarros with the purpose of assisting the Navarro.s in bringing and keeping the loan current. These negotiations resulted in the development and execution of a Repayment Agreement which superseded the consolidated loan promissory note. The Navarros honored the provisions of the Repayment Agreement for one (1) month and subsequently became 360 days delinquent. Under normal circumstances, the City would have instituted foreclosure proceedings. Staff learned, however, that the Navarros had obtained financial assistance from World Equity, Inc., in the amount of $124,100 (subordinate to the City's first trust deed) and were seriously delinquent on this loan. World Equity commenced foreclosure, the Navarros approached the city regarding a second Repayment Agreement and the City Attorney responded in writing to the Navarros request stating that "...since you have already once revised your . repayment schedule, no further revision is permitted under the City'S policies without specific direction from the Mayor and. Common Council. Unless you bring payments current, this matter will be forwarded for foreclosure action." On February 10, 1988, the Navarros remitted to the City a check in the amount of $14,206.34 as a result of World Equity, the second trust deed holder, insisting that the Navarro's account with the city be brought current. . 2/22/89 --_."-,0-, , . o o Navarro Staff Report Continued... Page -2- In keeping with previous practice, the Navarros almost immed- iately f&ll behind on the loan. Because staff have rejected requests for additional financial assistance and instituted foreclosure proceedings, the Navarros have requested to be heard by the Mayor and Common Council. The following is a summary of the status of the loan as of February 22, 1989: Loan Balance: Date of Last Payment: For month of: $51,507.85 June 22, 1988 March, 1988 Principal and Interest: (through February, 1989) $ 6,952.22 Late Charges: (through February, 1989) $ 544.00 Insurance: (through February, 1989) $ 4,173.00 Taxes: (through February, 1989) $ 2,475.00 Total Amount Due to Bring Account Current: $14.144.22 The recommendation to deny any request for additional financial assistance or other consideration is submitted for the follow- ing reasons: 1. The Loan Collection Policy previously adopted by the Mayor and Common Council states "onlv one reDavment aareement can be developed during the life of the loan (emphasis added)." The current Repayment Agreement has been contin- ually violated by the Navarros. 2. The State Board of Equalization has initiated foreclosure proceedings against the Navarros for non-payment of sales taxes. According to the state, the property is scheduled to be sold on April 13, 1989 to recover the State tax lien of approximately $60,000. 3. World Equity, the second trust deed holder, has also initiated foreclosure proceedings to recover its lien of $32,000 (because the original loan amount was $124,100, we have requested a title report to determine if the Navarros have obtained financial assistance from another entity to pay down this loan). 2/22/89 . o o Navarro Staff Report Continued... Page -3- 4. A State Board of Equalization representative has indicated additional tax liens and court judgments are reflected on its preliminary title report. Indeed, the City's credit report on the Navarros reflect numerous court judgments in favor of the Cities of Riverside and Colton. The report also shows the use by the Navarros of more than one social security number. 5. Because of the delinquent status of this loan, the city has advanced $6,648.00 for impound account shortages for taxes and insurance. This has been done to protect the City's interest in the property. I recommend adoption of the form motion. Kenneth J. Henderso Director of Commun' y Development KJH/lab 2/22/89 ..~.^.~;.~-..,.;';;'- . . o o ct~ .{i. Jd~ ~ /9,t'7 .. __ ~~ o<:j),.G.k Jt~ Ij ':xJ;- . '. ~~cL~ (2 7d;L// o ~. / , ~ ~~~ , ~ :1;~/7//V~ ,a-~ ~~ ~~/ ~~'- '~? V<- _ --07 r/~ P~J~' V~ . ~~~. . ' ,J A-:::!t . , V;Z;;;-- d~~~~~~~. ~ /2_J-~~ ,O~-f7~' ,L~~, l-/!./f.d ,a- . - '~. uLz:::; . 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