Release of Claim in Estate_Gerald J. Winger, Jr.Copyrighted
November 6, 2017
City of Dubuque Consent Items # 22.
ITEM TITLE: Winger Release of Claim in Estate
SUMMARY: City Manager recommending approval of a release of claim
in the Estate/Conservatorship of Gerald J. Winger, Sr.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Winger Release of Claim in Estate -MVM Memo City Manager Memo
Staff Memo Staff Memo
Release of Claim Supporting Documentation
THE CITY OF
Masterpiece on the Mississippi
Dubuque
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2007.2012
2013.2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Release of Claim in Estate/Conservatorship of Gerald J. Winger, Sr.
DATE: October 29, 2017
Gerald J. Winger, Sr., member of Winger Construction, LLC., passed away on
January 9, 2016. Prior to his passing, the City of Dubuque recorded several mortgage
liens with Winger Construction, LLC, regarding repairs on the following rental properties:
1905 Jackson Street; 2021 Kniest Street; 534-534 1/2 Lincoln; and 1920 Jackson
Street.
Gerald J. Winger, Sr's son, Michael J. Winger, was also a member of Winger
Construction, LLC. Since Gerald's death, Michael has established a new business,
Mike Winger Properties, LLC, to continue to hold ownership of these properties.
Michael refinanced with the City of Dubuque Housing and Community Development
Department the existing principal balance on October 11, 2017. All previous recorded
liens under Winger Construction, LLC have been released and new mortgage liens
have been recorded under Mike Winger Properties, LLC. Due to Michael J. Winger,
Mike Winger Properties, LLC, refinancing the mortgages previously held by Winger
Construction, LLC, the City no longer has a claim/interest in the Estate/Conservatorship
of Gerald J. Winger, Sr.
Housing and Community Development Department Director Alvin Nash recommends
City Council approval of a release of claim in the Estate/Conservatorship of Gerald J.
Winger, Sr.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
rvw� v tom,
Mic ael C. Van Milligen'
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
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THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
All•
1
2007 • 2012 • 2013
Housing & Community Development
350 W. 6th Street, Suite 312
Dubuque, IA 52001-4648
Office (563) 589-4239
Fax (563) 690-6092
anash(citvofdubuuue.or,z
www.citvofdubuaue.ora
DATE: October 26, 2017
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Director
RE: Release of Claim in Estate/Conservatorship of Gerald J. Winger, Sr.
BACKGROUND
The purpose of this memorandum is to request the City Council's approval of a release
of claim in the Estate/Conservatorship of Gerald J. Winger, Sr.
Gerald J. Winger, Sr., member of Winger Construction, LLC., passed away on January
9, 2016. Prior to his passing, the City of Dubuque recorded several mortgage liens with
Winger Construction, LLC, regarding repairs on the following rental properties: 1905
Jackson Street; 2021 Kniest Street; 534-534 1/2 Lincoln; and 1920 Jackson Street. At
the time the estate was established, the combined principal balance of all recorded
mortgage liens against the above-mentioned properties was fifty-five thousand, nine
hundred sixty-six dollars and ninety-three cents ($55,966.93).
DISCUSSION
Gerald J. Winger, Sr's son, Michael J. Winger, was also a member of Winger
Construction, LLC. Since Gerald's death, Michael has established a new business,
Mike Winger Properties, LLC, to continue to hold ownership of these properties.
Michael refinanced with the City of Dubuque Housing and Community Development
Department the existing principal balance of forty-seven thousand four hundred forty-
two dollars and twenty-nine cents ($47,442.29), on October 11, 2017. This amount is
different from the amount stated above as Michael has continued to make the monthly
required payment of $700 since the death of his father. All previous recorded liens
under Winger Construction, LLC have been released and new mortgage liens have
been recorded under Mike Winger Properties, LLC.
Due to Michael J. Winger, Mike Winger Properties, LLC, refinancing the mortgages
previously held by Winger Construction, LLC, the City no longer has a claim/interest in
the Estate/Conservatorship of Gerald J. Winger, Sr.
RECOMMENDATION
It is recommended that the City Council approve the release of claim in the
Estate/Conservatorship of Gerald J. Winger, Sr.
ACTION STEP
The action requested of the City is to approve the attached release of claim in the
estate/conservatorship of Gerald J. Winger, Sr. Upon approval, the signed release of
claim is requested to be forwarded to Jennifer A. Clemens -Conlon, attorney
representing the Estate of Gerald J. Winger, Sr.
cc: Lisa Barton, CDBG Specialist
Erica Haugen, CDBG/HCV Supervisor
Kris Neyen, Rehabilitation Programs Supervisor
Prepared by: Crenna M. Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589-4381
Return to: Crenna M. Br nwell, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589-4381
RELEASE OF CLAIM IN
ESTATE OR CONSERVATORSHIP
BE IT KNOWN, that Alvin Nash, Housing & Community Development Director for
the City of Dubuque, (Claimant), for and in consideration of the sum of Fifty-five thousand,
nine hundred sixty-six dollars and ninety-three cents ($55,966.93), or other valuable
consideration received from or on behalf of Susan Reisdorf, 3463 Dove Street, Dubuque,
IA 52002, Fiduciary of the Estate/Conservatorship of Gerald J. Winger Sr., (Fiduciary),
the receipt of which is hereby acknowledged, do(es) hereby remise, release, acquit,
satisfy, and forever discharge the said Fiduciary, of and from all manner of action(s),
cause(s) of action, suits, debts, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims and demands whatsoever, in law or
in equity, which said Claimant ever had, now has, or which any personal representative,
successor, heir or assign of said Claimant, hereafter can, shall or may have, against said
Fiduciary, by reason of any matter, cause or thing whatsoever, from the beginning of time
to the date of this instrument.
CLAIMANT
Alvin Nash, Housing & Community Development
Director for the City of Dubuque
STATE OF IOWA
SS
COUNTY OF DUBUQUE
The foregoing instrument was acknowledged by me this day of
2017 by Alvin Nash, to me personally known, who being duly sworn, did say that he is the
Housing & Community Development Director for the City of Dubuque, a Municipal
Corporation, and that said instrument was signed and sealed on behalf of said Municipal
101617cmb
Corporation and acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, Iowa
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