Request for all electronic communication related to 127 Delvalle St. Melbourne Beach, FL 32951
| Submitted | March 30, 2023 |
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Communications
From: Michael Locke
To Whom It May Concern:
Pursuant to the Florida Sunshine Law, I hereby request the following records:
all electronic communication related to 127 Delvalle St. Melbourne Beach, FL 32951 to include but not limited to e-mail between mbl22885@msn.com and melissa.parker@bcpao.us and/or ed.pollock@bcpao.us.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Michael Locke
From: Brevard County Property Appraiser's Office
Mr. Locke,
I am working on the pricing right now. I believe it will be less than $100. When ready, I will contact you with the amount and will require 50% upfront.
Sincerely,
[cid:image001.png@01D966F5.008B4C50]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D966F5.008B4C50]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D966F5.008B4C50]<https://twitter.com/brevardpropappr>[cid:image006.png@01D966F5.008B4C50]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image007.png@01D966F5.008B4C50]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Brevard County Property Appraiser's Office
Mr. Locke,
It appears it will take almost 2 hours of staff time to produce those records. The hourly rate for the staff is $26.32 x 2 = $52.65. If this is acceptable, I will forward you the information to provide a 50% deposit.
Thank you
Sincerely,
[cid:image001.png@01D96BBC.5A14B330]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D96BBC.5A14B330]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D96BBC.5A14B330]<https://twitter.com/brevardpropappr>[cid:image004.png@01D96BBC.5A14B330]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image005.png@01D96BBC.5A14B330]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Michael Locke
Please forward the information to pay the amount in full. Thank you.
From: Michael Locke
Does the Brevard County Property Appraiser’s office still maintain the position stated by Mr. Pollock in his 11/22/2022 e-mail listed below regarding the property tax exemption for at 127 Delvalle St. Melbourne Beach, FL 32951?
“From: Michael Locke <mbl22885@msn.com>
Sent: Tuesday, November 22, 2022 3:12 PM
To: Ed Pollock <ed.pollock@bcpao.us>
Subject: Re: Homestead Exemption Status
"Tenants in Common is real property that is shared among more than one owner. Each owner possesses a certain percentage of the real property..."
https://thepittmanlawoffice.com/property-ownership-in-florida/
Per Florida Statute 196.081(1)(a) ‘Any real estate that is owned and used as a homestead by a veteran who was honorably discharged with a service-connected total and permanent disability and for whom a letter from the United States Government or United States Department of Veterans Affairs or its predecessor has been issued certifying that the veteran is totally and permanently disabled is exempt from taxation, if the veteran is a permanent resident of this state on January 1 of the tax year for which exemption is being claimed or was a permanent resident of this state on January 1 of the year the veteran died.’
The statute in question doesn’t say “solely owned.” A plain language reading indicates 127 Delvalle St. would be fully exempt from taxation, even if my ex-wife is listed on the title.
On 1/1/2022 Mrs. Parker stated “Because your ex-wife is still on the title, only half of your value will be protected under your total & permanent exemption. What this means is you will be ‘taxed’ on the 50% she owns.”
Further, the final judgment entered never stated my ex-wife had a 50% ownership stake in the home.
he exact amount my wife “owns” of the home is never stated in the final judgment, as the amount listed included property besides the house. The amount stated that she was owed for an equalizing payment has been paid down to approximately $30,000.
$30,000 Of $396,910 comes out to 7.6%. So my ex owns approximately 7.6% of the home.
Is it possible for the county to amend the 2022 property tax amount for 127 Delvalle St. Melbourne Beach, FL?
Michael Locke“
“From: Ed Pollock <ed.pollock@bcpao.us>
Sent: Tuesday, November 22, 2022 2:05 PM
To: mbl22885@msn.com <mbl22885@msn.com>
Subject: Homestead Exemption Status
Mr. Locke,
I am writing you based on your recent dialogue with Melissa Parker of this office regarding your homestead exemption. I understand after several email exchanges you continue to assert you are entitled to exempt 100% of the value your property you currently hold as tenants in common with your former spouse.
Tenants in Common is real property that is shared among more than one owner. Each owner possesses a certain percentage of the real property…
Melissa correctly advised that you are entitled to a homestead exemption on only the 50% of the value of your home. That decision is based on your divorce final judgement order. The court order clearly states your former spouse retains 50% ownership of the home until your former spouse executes a quit claim deed conveying her interest in the property to you. The court ordered criteria leading up to the execution of the quit claim deed is not relevant to your current percentage of legal ownership and rights regarding your qualified exemption.
While married you and your spouse were tenants in the entirety.
Tenancy by the entirety in Florida is a form of joint ownership that protects property from creditors of either spouse. With tenants by entireties, both spouses own an undivided interest in 100% of the property. If either spouse dies, the surviving spouse inherits full ownership of tenants by entireties assets.
You are qualified for the homestead exemption on the 50% you own, that includes a Total & Permanent Service-Connected exemption, but only on the 50% you own. The remaining 50% is owned by your former spouse. You can not exempt what you do not own. Once a quit claim deed is executed awarding 100% ownership to you; you can file an updated application for the entire value of the property.
If your position is unchanged, I advise you to seek competent legal counsel in this matter. Please conduct any future inquires directly to me in this matter.
Respectfully,
Ed Pollock
Senior Director Customer Service & Compliance
Brevard County Property Appraiser”
From: Brevard County Property Appraiser's Office
Mr. Locke,
I have begun the research. I will have a response for you no later than Wednesday of this week.
Sincerely,
[cid:image001.png@01D97699.99404460]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D97699.99404460]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D97699.99404460]<https://twitter.com/brevardpropappr>[cid:image004.png@01D97699.99404460]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image005.png@01D97699.99404460]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Brevard County Property Appraiser's Office
Mr. Locke,
It is the position of this office that the property is recorded in our records as owned by you and your ex-wife as tenants in common, each having a 50% ownership.
Sincerely,
[cid:image001.png@01D97699.CAE4DAD0]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D97699.CAE4DAD0]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D97699.CAE4DAD0]<https://twitter.com/brevardpropappr>[cid:image004.png@01D97699.CAE4DAD0]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image005.png@01D97699.CAE4DAD0]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Brevard County Property Appraiser's Office
Mr. Locke,
This search is taking longer than expected. I believe we erred in placing certain parameters on the search. Because of this, I will provide the data at no charge.
I apologize for missing the deadline I had given you. I am told it will be tomorrow.
Sincerely,
[cid:image001.png@01D97857.0329A8D0]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D97857.0329A8D0]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D97857.0329A8D0]<https://twitter.com/brevardpropappr>[cid:image004.png@01D97857.0329A8D0]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image005.png@01D97857.0329A8D0]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Michael Locke
Sure is.
In the meantime, can BCPAO clearly explain why the tax assessment for 127 Delvalle St. Melbourne Beach, FL 32951 increased from $244,500 in 2020 to $289,680 in 2021, an 18.5% increase? And why the tax assessment increased from $289,680 in 2021 to $396,910 in 2022, a 37% increase?
From: Brevard County Property Appraiser's Office
Mr. Locke,
The reason for the change in the assessed values was strictly a result of the ownership changes due to your divorce. This has all been explained in your communications with Mr. Pollock and Ms. Parker. As a married couple, you and your then wife were entitled to your total and permanent disability on 100% of the assessed value of the property. After the divorce, you and your ex-wife share a 50% ownership each. Your total and permanent exemption can only be placed on your 50% of the value while the other 50% owned by your ex-wife is fully taxable.
Also addressed in the previous communications is 50/50 split of the property after the divorce. This was determined in the final judgement and mechanizations of law, how much she owes or does not owe does not determine her percentage of ownership.
Sincerely,
[cid:image001.png@01D98899.6AF33D80]
www.bcpao.us<http://www.bcpao.us>
[cid:image002.png@01D98899.6AF33D80]<https://www.linkedin.com/company/brevard-county-property-appraiser>[cid:image003.png@01D98899.6AF33D80]<https://twitter.com/brevardpropappr>[cid:image004.png@01D98899.6AF33D80]<https://www.facebook.com/bcpao/>
George Mascellino, CAE, AAS, CFE
Cert Gen RZ2863
Chief Deputy Property Appraiser
Brevard County Property Appraiser
Phone: 321-264-6702
Fax: 321-264-5187
Email: george.mascellino@BCPAO.us<mailto:george.mascellino@BCPAO.us>
400 South Street, 5th floor
Titusville, FL 32780
[cid:image005.png@01D98899.6AF33D80]<http://www.bcpao.us/>
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, please do not send email to this address.
The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future.
From: Michael Locke
Your response doesn’t address the rise in the assessed value of the home.
Once again, can BCPAO clearly explain why the tax assessment for 127 Delvalle St. Melbourne Beach, FL 32951 increased from $244,500 in 2020 to $289,680 in 2021, an 18.5% increase? And why the tax assessment increased from $289,680 in 2021 to $396,910 in 2022, a 37% increase?
I take it you guys still haven’t worked out those search parameters yet?
From: Michael Locke
“Also addressed in the previous communications is 50/50 split of the property after the divorce. This was determined in the final judgement and mechanizations of law, how much she owes or does not owe does not determine her percentage of ownership.”
Where within the final judgment does it state my ex-wife has a 50% ownership stake in the property?
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Michael Locke
Please see attached.
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VAB_Petition_2023_00062.jpg
From: Michael Locke
The entirety of our correspondence can be viewed at the following Internet address:
Your e-mail responses have reached me. Please provide any applicable records electronically as initially requested.
-
House_Record_Request_Response.jpg
From: Michael Locke
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 31, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Veterans Affairs, Veterans Benefits Administration
1. “VA does not allow an individual to take title to a property if that individual is not on either the mortgage note or a mortgage deed of trust. Accordingly, if a spouse or other owner does not want to sign a mortgage note and be obligated for a VA-guaranteed home loan that individual must sign a mortgage deed of trust.”
https://www.benefits.va.gov/WARMS/docs/admin26/m26-07/Chapter_9_Legal_Instruments_Liens_Escrows_and_Related_Issues.pdf
[https://web.archive.org/web/20230915153733/https://benefits.va.gov/WARMS/docs/admin26/m26-07/Chapter_9_Legal_Instruments_Liens_Escrows_and_Related_Issues_8-2022-Change_36_v4_002.pdf]
2. Please see Brevard County, Florida case number 05-2021-CA-047073-XXXX-XX document # 3 for the property note that is not signed by Paige A. Locke. A copy is also attached.
3. I’m going to guess if there was a deed of trust, it’d be recorded with you. There'd probably be some mention of it in the above foreclosure case. Granted, as far as I understand it, the above foreclosure case likely wouldn't exist if a deed of trust existed for the property. It's possible to confirm the lack of a deed of trust by searching clerk file # 2016201888 at https://vaclmweb1.brevardclerk.us/AcclaimWeb/
Michael Locke
From: Department of Veterans Affairs, Veterans Benefits Administration
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From: Brevard County Property Appraiser's Office
Hey,
I have a good idea. I'm going to fly to Denver next month and you can show me in writing where it says loan guaranty can't help a loan in active bankruptcy. Does that sound good?
Michael Locke
Files
pages
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