In a judge’s chambers on the fifth floor of Tampa’s Edgecomb courthouse, representatives from three parties gathered as the golf course at Walden Lake again inched closer to entering a new era.
Judge Emmett Battles, on Sept. 6, ordered the appointment of Clearwater-Based Andrew Bolnick as receiver for the golf course, stripping Professional Golf Global Group (PGGG) and Lynn Archibald, president of PGGG, of any control and passing it to Bolnick. In real estate, a receiver is a court-appointed individual who becomes responsible for the management of a property in foreclosure.
“We have some unusual circumstances in this case,” Battles said. “I think I heard them earlier, about when they actually took possession of the property.”
The receivership was granted in the case of Today’s Bank vs. Visions Golf. According to a complaint filed Dec. 23, 2016 in Hillsborough County Court, Today’s Bank alleges Visions defaulted on the golf course’s $2.1 million mortgage. Archibald, who has managed the course since 2015, claims he owns the property.
Visions Golf disputes Archibald’s claim of ownership and is suing PGGG over its claim of ownership and a deed Visions said Archibald improperly filed in April, nearly five months after the foreclosure suit was filed.
A hearing to appoint a receiver was originally held July 18, where both plaintiff, Today’s Bank, and defendant, Visions Golf, stated appointing a receiver would be in the best interest of the course. Archibald attended the hearing, but could not speak on PGGG’s behalf without a lawyer. Battles granted an extension of the hearing to allow Archibald to retain counsel for himself and PGGG.
Jesse Lee Ray and Elizabeth Fernandez signed on to represent PGGG, filing an objection to the appointment of a receiver. Battles told Fernandez the objection was a procedural gaff and there should have been a motion to intervene filed, but allowed PGGG to be represented any way.
Fernandez claimed PGGG has valid interest in the case and should be heard, while Today’s Bank’s lawyer, Meghan Serrano, objected, saying the PGGG deed being filed after the foreclosure nullifies its interest.
Fernandez and Ray have also filed motions to set aside defaults in other cases relating to the golf course where PGGG and Archibald have been judged against. Among the cases is a $50,000 breach of contract suit where Today’s Bank alleged PGGG violated a contract to obtain ownership of the mortgage on the course by missing the downpayment.
Archibald closed the course in June and announced plans for a massive, multi-phase overhaul. However, residents have seen little progress on the course and city documents show PGGG has struggled to keep the length of grass within city code.
One resident, Ray Riggsbee, showed up to defend Archibald and gave sworn testimony.
“I don’t know if a receiver is going to do a better job,” Riggsbee said. “But I’m here to attest that there’s only one guy, ever since the big boys pulled out of Walden Lake Golf and Country Club, who has tried to do anything positive about turning the club around and returning it at least to a partial glory that it used to be in our town of Plant City, as this gentleman right here. Unfortunately, he’s kind of by himself.”
In addition to overgrown grass, the order appointing the receiver states it was needed because “the amenities at the property, including the clubhouse, have visible signs of advanced deterioration including mold growth on and around the exterior of building, broken windows, and wood rot. Paved driveways and access areas are cracked and or deteriorating. Water appears to be intruding in other areas around the clubhouse.”
Real estate tax on the property has also not been paid since 2013, threatening a tax deed sale. The real estate tax issue is another of Visions’ arguments, saying PGGG violated the terms of escrow and has no ownership of the property.
As receiver, Bolnick would be responsible for not only maintaining the property, but monitoring taxes and insurances. The purpose of a receiver, which is a court-sworn neutral party, Serrano said, is to maintain the “status quo” during the foreclosure process. Bolnick has more than 35 years of experience as a receiver.
Bolnick said the course, as well as the clubhouse, pool and tennis courts will be closed. The property had no insurance when he took over, but he said he will be obtaining some this week. Bolnick was appointed during the threat of Hurricane Irma, when insurance companies weren’t writing new policies on many threatened areas. Additionally, he said, an assessment of what can be done to prevent further deterioration of the course and club will begin this week.
“At this point, we do not have the required funds to maintain the golf course,” Bolnick said. “It is already deteriorated to such a point that the economics don’t make sense to reopen the golf course at this point.”
Serrano said Today’s Bank hopes to have a foreclosure sale “well before the end of the year,” wiping out any further interest PGGG might have and again placing the future of a golf course at Walden Lake in limbo.
Archibald did not respond to a request for comment.