[RPPTL-constructionlaw] Foreclosure-Related Bills Filed

[Larry Leiby]

Reese,

One potential problem with HB 65 is that it does not differentiate between mortgage foreclosures and other lien foreclosures.  It appears that this is intended for mortgage foreclosures.  That could be addressed by adding the word "mortgage" several places in the bill where it describes foreclosure and deficiency.  Otherwise it can be confused with having some application to other lien foreclosures, particularly if it is placed in chapter 702 by legislative bill drafting if passed.

HB 149  has some confusing terminology with respect to being a user who can access postings and being someone who is a user by posting notices.  This should be made clear so that anyone who wishes to access the site to review postings is not required to register to do so.  Clearly in order to pay for it people should be obliged to register or pay a fee to post.  It does not appear to be intended that persons who want to check the site for postings be obliged to pay a fee and register, nor would that be appropriate.


Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985

e-mail:  leiby at mkpalaw.com

Board Certified in Construction Law
Fla. S. Ct. Certified Circuit Court Civil Mediator
Fellow, College of Commercial Arbitrators


From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, October 07, 2011 10:45 AM
To: RPPTL constructionlaw
Subject: [RPPTL-constructionlaw] Foreclosure-Related Bills Filed

CLC Members,

We have been asked by the RPPTL Section leadership to provide comments on the attached proposed legislation, if we have any.  Please let me have your comments no later than next Thursday, October 13, so that I can incorporate them into a consolidated response.

Thanks,
Reese



Reese J. Henderson, Jr.

Board Certified Construction Attorney

[cid:image001.jpg at 01CC84E3.5D2D3C30]

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Reese.Henderson at tritthenderson.com <mailto:%5Be-mail%5D>
www.tritthenderson.com<http://www.tritthenderson.com/>


  [cid:image002.jpg at 01CC84E3.5D2D3C30]





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