HomeMy WebLinkAboutMINUTES - 03312015 - C.141RECOMMENDATION(S):
ADOPT Resolution No. 2015/115, WAIVE the payment of interest in the approximate amount of $23,569 and accept
$35,315.46 in full satisfaction of the judgment against Michael J. Urso, and DIRECT County Counsel, or designee, to
file an Acknowledgment of Satisfaction of Judgment with the Court upon payment of that sum.
FISCAL IMPACT:
The principal amount owed on the judgment entered against Mr. Urso in an action brought by the Office of Revenue
Collections, and secured by the lien recorded against 1408 Parkland Drive in Concord (“Property”), is $35,315.46.
Since the judgment was entered, approximately $23,569 in interest has accrued on the principal. As of this date, the
total amount due in satisfaction of the judgment is approximately $58,885.46. The Property’s owner is trying to sell
the Property, and has requested that the interest due on the judgment be waived and that the County accept payment
of $35,315.46 in full satisfaction of the judgment. If the recommendation to accept $35,315.46 in full satisfaction of
the judgment is not approved, the Property may be sold at a short sale or foreclosed upon, which would eliminate the
County’s ability to collect even the principal amount of the judgment.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/31/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:John Gioia, District I Supervisor
Federal D. Glover, District V
Supervisor
Contact: Dorothy Sansoe,
925-335-1009
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: March 31, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.141
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 31, 2015
Contra
Costa
County
Subject:Satisfaction of Judgment
BACKGROUND:
On August 28, 2008, a judgment in the amount of $35,315.46 was entered against Michael Urso in an action
brought by the Office of Revenue Collections. On June 11, 2009, the County recorded a lien against the Property
owned by Mr. Urso. The entire amount of the judgment remains unpaid. Under Code of Civil Procedure section
685.010, interest in the amount of 10% per annum has accrued against the principal amount of the judgment.
Mr. Urso died in 2013. The Property is owned by Mr. Urso’s widow, Patricia Urso. It is anticipated that the
Property will be sold at a Trustee Sale in April or May unless the Property is sold sooner. The County’s judgment
lien is junior to other liens recorded against the Property. If the Property is foreclosed upon, it is unlikely that the
County will recover even the principal amount of the judgment.
Ms. Urso is in contract for the sale of the Property. The sale price is sufficient to pay off the principal amount of
the judgment secured by the lien recorded against the Property, but it is not sufficient to pay the interest owing on
the judgment. Ms. Urso has requested that the County waive the interest owed on the judgment and accept
$35,315.46, the principal due, in full satisfaction of the judgment.
The County Administrator and the Health Services Director recommend that the Board of Supervisors waive
payment of the interest due on the judgment and accept $35,515.46 in full satisfaction of the judgment, and direct
County Counsel to file an Acknowledgment of Satisfaction of Judgment with the Court upon receipt of the funds.
CONSEQUENCE OF NEGATIVE ACTION:
The County many never receive any portion of the amount owed.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2015/115