Several veterans and their families in Deltona, Florida, are facing possible foreclosure over code enforcement violations that predate their ownership of two properties. Although the violations have been corrected, daily fines accumulated for more than a decade, leaving unpaid liens that have entangled both homes in a continuing legal dispute.
Lianne Habets and her husband, Karel Klarenbeek, bought a house on Eden Drive as an investment. The seller also owned a nearby property on Tulip Street, which Carl Monserrate subsequently bought for his mother and ailing father. Monserrate lived next door and wanted his parents nearby so he could help them.
The Tulip Street property carried $125,000 in liens. As FOX 35 Orlando reported, Florida liens can reach other properties belonging to the same owner, rather than remaining limited to the site of a violation. That connected the debt to the Eden Drive house. When the original violations occurred, Habets was in the Netherlands, Klarenbeek was serving in Afghanistan, Monserrate was deployed with the Army in Iraq, and his mother, a retired U.S. Women’s Army Corps member, was living in Puerto Rico.
Habets and Klarenbeek said they had been assured the liens would be settled before closing and would not affect them. Monserrate understood that he would bear responsibility for at least part of the debt. His purchase contract provided for him to receive $125,000 back to pay the liens, and his realtor told him he could retain some of that money if the city lowered the amount owed.
A special magistrate recommended eliminating the liens on the Tulip Street home. Monserrate then used the money to repay loans. After learning that he had received funds specifically to settle the liens, the city sought full payment. With those funds already spent, the city turned its attention to the Eden Drive property. Monserrate said his realtor’s assurance that the debt would be reduced had prompted him to buy the dilapidated house.
Habets and Klarenbeek argue that they should not have to pay for violations that occurred elsewhere and were unrelated to them. They also say the seller should not have to pay again because she had provided Monserrate with money under a contract requiring him to cover the liens. The couple said the dispute has caused severe stress and worsened Klarenbeek’s PTSD symptoms.
Their property transaction was further complicated by problems involving closing and title attorney Marc Brown. According to FOX 35, Brown is in jail for money laundering and grand theft and is accused of stealing from multiple clients, including more than $260,000 the couple provided for their title. They allege he transferred their funds to his own title company without permission and stole them.
The couple recovered money through the criminal case and title insurance, but the funds remain in a court registry while the Eden Drive lien issue is addressed. They cannot invest the money elsewhere or earn interest on it. The unresolved closing also affected the company that found the buyers. Lisa Mazella said she and her husband remain unpaid for $20,000 from the deal.
Mazella told FOX 35 she wanted the families to be able to move forward and hoped for a favorable result for everyone. As of November 12, it remained unclear whether or when Deltona would reach a formal resolution with the families. The city declined to comment, citing the ongoing legal case.
