TAMPA, Fla. — Relatives of Tampa education pioneer Dr. Walter L. Smith II turned to the ABC Action News I-Team after a “for sale” sign appeared in front of the nonprofit community library Smith founded nearly 20 years ago.
We started digging and uncovered what caused the mix-up and some simple steps that could have prevented it.
The signs are faded, and the paint is peeling, but Smith said what’s inside the old building at the corner of West Cypress Street and North Albany Avenue is priceless.
“There’s so much that’s here in terms of history and books and information that you will not find anywhere in circulation in any other library,” Smith said.
Dr. Smith’s legacy of service and education
Smith’s dad, former Florida A&M University President Dr. Walter L. Smith, founded the nonprofit Dr. Walter Smith Library, Inc. in 2004.
The founder described it in incorporation documents filed with the Florida Secretary of State as a “library, research and learning center in the West Tampa community."
The exhibit housed in the two-building complex includes a letter from President Barack Obama, tribal dolls presented to Dr. Smith by Nelson Mandela, and a signed first edition of Booker T. Washington’s autobiography “Up from Slavery."
The library has also offered after-school tutoring and GED classes to a generation of West Tampa residents.
“The chance for these kids to have the education they deserve can happen right here. The chance for adults who need that second chance can happen right here,” Smith said.
County records show Dr. Smith deeded the land and buildings to the nonprofit organization in 2007.
“It has no business being put in probate at all”
After Smith died last year at age 86, his widow’s attorney listed the library as an asset in his probate case.
“She was told that in order to pay off the debts that were left behind that she would have to sell the library,” Smith said.
A review of Dr. Smith’s probate case docket reveals that his unsecured debt involved things like credit card and cell phone bills.
Those were in his name and were not associated with the nonprofit library.
“A very simple title search, a very simple due diligence would have shown that that is not an asset that was in the decedent’s name. It has no business being put in the probate at all,” said attorney Andy Lyons, who is a real estate attorney but is not associated with Dr. Smith’s case.
Last month the library was listed for sale.
“There was a for sale sign in front of the library,” Smith said. “I was blindsided.”
The listing said, “calling all investors…there is plenty of room to turn this into the home of your dreams.”
“My father used to always tell us if we ever sell this corner, he’s coming back from hell and beating us with the devil’s pitchfork,” Smith said.
Smith and his siblings are listed on state documents as directors of the nonprofit.
“No, none of us have been contacted, not one,” Smith said when asked whether board members had approved the sale.
Property under contract within days
Records show that the property, which was listed at $399,900, went under contract in six days.
“That means someone signed a contract to sell this piece of property that had no authority to do so,” Lyons said. “That’s like you signing a contract to sell my house without me giving you any permission to do so.”
Smith isn't blaming his stepmother, who is the personal representative in his father’s estate case.
“She depended on the attorneys to do what they were supposed to do in terms of due diligence,” Smith said.
Realtor Jeffrey Borham told us attorney Brice Zoecklein asked him to list the property.
Zoecklein declined an on-camera interview, but after we sent him copies of county, state and IRS documents found in public records, he wrote:
“If, as you suggest in your email, it is determined that the decedent does not have an ownership interest, and the property is controlled exclusively by the board as a nonprofit, the sale will be canceled immediately.”
Sale canceled
Days later, Zoecklein sent another email saying, “The real estate agent is removing all signage ASAP. Please relay my apologies for the confusion. “
“I’m glad that you guys are doing what you’re doing to help out with this. I really appreciate it,” Smith said.
Smith vowed to continue his father’s legacy and reopen the library
“We cannot allow it to be erased from history,” he said. “We can’t allow it to happen.”
If you have a story you think the I-Team should investigate, email us at adam@abcactionnews.com
