Lynn Archibald’s recently unveiled plan to restore the Walden Lake Golf and Country Club to its former glory could be dead on arrival if he doesn't secure legal counsel within 30 days, following a Tampa judge’s order.
The maligned golf course is undergoing foreclosure proceedings between Visions Golf and Arkansas-based Today’s Bank, which alleges Visions defaulted on the property’s $2.1 million mortgage, according to a complaint filed Dec. 23, 2016 in Hillsborough County Court.
A deed transferring ownership from Visions to Archibald’s Professional Golf Global Group (PGGG) was recorded in April 2017, after the foreclosure action was filed, so PGGG is not a party to the case. The validity of the deed is also questioned by Visions and its representation. Since PGGG does have a recorded interest in the property, it was notified of the hearing.
“The deed is a curious thing,” Alice Honeycutt, the attorney representing Visions, said. “I do want to let the court know that Visions Golf does not necessarily agree that the proper conveyance was done. The deed was put into escrow with certain conditions and it came out of escrow where we don’t believe those conditions have been met.”
Attorneys for Visions and Today’s Bank met in court Tuesday to appoint Andrew Bolnick as receiver while the golf course undergoes foreclosure. In real estate, a receiver is a court-appointed individual who becomes responsible for the management of a property in foreclosure. According to his website, Bolnick’s Clearwater-based firm has more than 30 years of experience in commercial receivership.
Honeycutt and Meghan Serrano, Today’s Bank’s attorney, said they believed receivership is the best option for the golf course.
“I believe Mr. Archibald is genuine in his intention, but lacks the ability to come through on his promise.”
— Meghan Serrano
“Based on the condition of the property, it is apparent that no one is taking care of this property, which is why we need to appoint a receiver in this case,” Serrano said.
In recent months, residents within Walden Lake have ramped up complaints about the overgrown grass and deteriorating conditions of the golf course and country club at the center of their community. In mid-June, City Code Enforcement issued a notice of violation to the golf course for overgrown grass. The condition of the course has become a nuisance for the entire Walden Lake community, Harley Herman, a Walden lake resident and attorney representing the Walden Lake Community Association in another case, said.
“It’s a virus that’s beginning to spread,” Herman said.
In addition to a three-phase plan to restore the course and club to its former glory as a premier destination, Archibald said he has been spending thousands to mow the grass daily, among other improvements. If Bolnick were to become the property’s receiver, the future of the property would be at his discretion, meaning Archibald would lose his current control over the fate of the course. What’s more, if the foreclosure goes through, PGGG would lose any claim of ownership or stake in the course, disputed or not.
Archibald, president of PGGG, filed a motion for extension of time 20 minutes before the hearing was set to begin Tuesday.
“The wrinkle in this case, which is partially addressed in the affidavit, is that there is a deed of record which transfers title to the property to Professional Golf Global,” Serrano said. “This deed was recorded after our lis pendens and after our foreclosure action was filed and therefore any interest Professional Golf Global has in the property will be extinguished once the foreclosure concludes.”
Archibald, representing PGGG, was present at the hearing. However, since PGGG is a corporation, it must be represented by an attorney during court proceedings. Archibald could not represent himself or PGGG during the Tuesday hearing.
Serrano argued vehemently for the appointment of the receiver. She said the course and clubhouse continue to fall further into disrepair and Honeycutt added that unpaid real estate tax from 2014, among other years, could force a tax-deed sale of the property.
Archibald said he had everything under control and, in addition to having already invested in the property, was working on obtaining a lawyer. Serrano said she notified Archibald of the hearing on June 30 and he had plenty of time to seek representation.
“I believe Mr. Archibald is genuine in his intention, but lacks the ability to come through on his promise,” Serrano said.
Judge Emmett Battles, saying he wanted to give all parties the opportunity to be represented, granted Archibald and PGGG 30 days to find an attorney and take action.
“I’m giving you the opportunity to go get a lawyer and do something,” Battles said. “I suggest you get one today, because you’re not going to get one on the twenty-ninth day and then do something. It doesn’t work that way.”
Battles said if an attorney representing PGGG does not take action within the 30 days, he will sign the appointment of receiver. The appointment would relinquish Archibald’s control of the course.