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Implementation of Ordinance No. 2009-15 Regarding Certificate of Use

Requirement for the Sale of Foreclosed Properties

 The Problem:

Not every one understands how to go about the Cerificate of Use for freclosed properties.

   Implementation of Ordinance No. 2009-15 Regarding Certificate of Use

Requirement for the Sale of Foreclosed Properties

FACT SHEET
Q. When was the new Ordinance approved?

A. On October 14th, 2009 the City of Doral Council approved Ordinance No. 2009-15, which requires issuance of a Certificate of Use (CU) by the Department of Planning and Zoning (DP&Z) for residential properties (in the City of Doral) which are acquired through a Certificate of Title (Foreclosures and Judgments) on or thereafter February 1st 2010, in accordance with Chapter 45, Florida Statutes. This new ordinance requires the establishment of a new Certificate of Use process for such properties. This process will require that affected individuals/institutions obtain a CU, prior to the offering of such property either through a sale, transfer or alienation of such property.

Q. What is the purpose of the Certificate of Use (CU) requirement for the sale of foreclosed properties?

A. The new CU requirement is a consumer-protection legislation. The process of the new CU is to document and disclose to the public/buyer, the extent to which residential properties (i.e. single family, condominium, townhouse, or duplex) acquired in this way comply with all applicable building codes and zoning codes.

Q. Who is responsible for obtaining the Certificate of Use (CU) for the sale of foreclosed properties?

A. The holder of a property acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments) -- i.e. lending institutions and mortgagees. The adopted ordinance requires that title holders of foreclosed properties obtain a Certificate of Use (CU) prior to offering the property for sale, transfer or alienation.

Q. What properties are affected?

A. Only residential properties acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments) that are located within the City of Doral boundaries– properties with folio numbers beginning with 35-.

Q. Are short sales or Deed in Lieu of Foreclosure affected?

A. No, only properties acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments).

Q. Are Foreclosed Properties acquired through a Certificate of Title in Accordance with Chapter Florida Statutes (Foreclosures and Judgments) prior to October 14th, 2009 required to obtain a Certificate of Use?

A. No, only properties acquired through a Certificate of Title on or thereafter February 1st, 2009, in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments).
Q. What does the new Certificate of Use (CU) process for the sale of foreclosed properties require?

A. The new CU process includes preparation of a disclosure of findings report, which identifies building or zoning code violations for each property and contains a good faith estimate of the cost to remedy any deficiencies. This report must be completed by an architect or professional engineer licensed and registered in the State of Florida and submitted to the Planning and Zoning Department located at 8300 NW 53rd Street Suite 2006, Doral, FL 33166.

Q. If the code violations are corrected after the report is recorded, how will it be possible to reflect corrections on the recorded?

A. The responsible party may choose to have an architect or engineer prepare a report that certifies the completion of repairs and subsequently submit that report for recordation. They may also choose to record a statement from a contractor that all identified repairs have been made.

We have designed a flat rate fee, all inclusive service for Foreclosure Title Holders to comply with ordinance 2009-15, by completing the DISCLOSURE AND FINDINGS REPORT FOR THE CERTIFICATE OF USE.

With us, you do not have to keep count, just count on us to deliver in a timely and professional fashion.

Our flat rate fee includes everything needed to approve the CU, and if it does not get approved, we will cover all resubmission fees.

Includes the official survey for single family, cluster homes, duplexes, and the floor plans and elevation now required for condos.

Flat rate of $1,290.00. 

We have produced more than 100 CU's for entities such as HSBC, OCWEN, DEUTSCHE BANK, LASALLE BANK, and many others.

* Includes either an official survey or an "As Built" floor plan of the balcony with elevation by the architect or engineer performing the inspection. Basically "all" but the apartment complex units require a survey. Even cluster homes which usually are described in the address with a unit number comparable to a condo unit!.

The county wants to make sure that zoning compliance is met, especifically regarding setbacks. Apartments (condos) can not make any additions, since those would have to be in the air, so the county will not require surveys for this properties. They will only require an on site floor plan and elevation stating the condition of the balcony (if it has been enclosed or not).

FOR QUESTIONS AND ANSWERS PAGE, PLEASE CLICK

HERE

 CLOSING AGENT OR TITLE COMPANY?

If you are the closing agent, or you have a buyer ready to make an offer once the CU is ready, and you need certified copies of the survey for title insurance purposes, and elevation certificate, ask us and we will offer you a very competitive package including thEse extras that are not required for the CU.

Full package: $1,490.00.

Package with Certified survey (4 copies), and elevation certificate with pictures ( If ordered at the same time as the CU report).

GUZMAN CONSTRUCTION, INC.
Licensed and Insured General Contractor
Ph: (954) 682 3727
Fax: (954) 586 0791

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