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Debts force auction of historic mansion

By JON WILSON, Times Staff Writer

© St. Petersburg Times, published February 19, 2003


ST. PETERSBURG -- A million-dollar mansion, showpiece of a troubled historic estate, will be sold March 3 at a courthouse auction to satisfy the owner's debts.

The 11 a.m. sale in the Clearwater courthouse lobby could resolve part of a long-running saga that has blemished a pleasant residential pocket on Tampa Bay, say the mansion's Bayou Bonita neighbors.

"We are hoping, we are praying that a lovely family comes in there and takes it over," said Ann Taylor, who lives near the 8,000-square-foot house at 5030 Sunrise Drive S, traditionally known as the Rutland mansion.

The foreclosure sale follows the December dismissal of a bankruptcy proceeding filed by the mansion's owner, Annette Martino.

Bankruptcy Judge C. Timothy Corcoran III dismissed the case with prejudice, meaning Martino can't file it again.

The action paved the way for the sale.

Proceeds will pay several creditors, including mortgage holder Ocwen Federal Bank, which according to records is owed $1,457,534.90.

The Rutland mansion sits on a lot of about 4.5 acres with 1,000 feet of waterfront.

A number of prominent residents have owned it and its surrounding acreage.

Banker and department store owner Hubert Rutland bought the gabled French country-style house in the 1930s, although the Rutland family has not been associated with the property for years. County records show the house was built in 1925, although anecdotes date it to 1913.

In recent years, the estate -- a catch-all term for both the mansion and the property next to it -- has become a source of constant concern to neighbors.

Five years ago, developer Robert Swain, who bought the estate in 1997, said he planned to build condominiums on about 9.5 acres of the estate, considered environmentally sensitive land. Neighbors protested.

But construction began, then stopped in mid 1999. Swain filed for bankruptcy protection in July of that year.

The unfinished condos, long since ignored on their untended lots, have been condemned but have not been demolished.

Meanwhile, Martino, who had been involved in a Canadian nursing home scandal, bought just the mansion in 1998 for $1.4-million. Records show she filed for bankruptcy protection four times after the purchase, the latest case the one dismissed in December.

Last year, a woman moved into the mansion and tried to establish a religious school called Excellence Academy, raising safety and zoning issues. Angela Sweet no longer operates the school in the house, but neighbors say she continues to live there, apparently without water or electricity.

Neither Martino nor Sweet could be reached for comment Tuesday.

The mansion "could be another showcase," Taylor said.

Assessed by the Pinellas County Property Appraiser's Office at $1.742-million, it has seven bedrooms. The property includes a 1,400-square-foot guest house next to an Olympic-sized swimming pool, and a carriage house that has an apartment, studio and potting room.

Potential bidders shouldn't think they are likely to get a steal, officials say. Although bidding always starts at $100, the mortgage-holder will want the full price.

Foreclosure auctions are held every day in the Clearwater and St. Petersburg courthouses. Judges set the dates.

Bidders should be prepared to make a 5 percent down payment plus clerk's fees on auction day, and to pay the balance within 24 hours. They also should check virtually up until auction time to be sure it remains on the schedule, say officials, who also caution that bidders should research property for outstanding liens.

-- Information from Times files was used in this report.

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