[RPPTL LandTen] FW: Bills filed

Wed Feb 18 08:25:23 PST 2009

Perhaps the proposed legislation that was sent on 1/16 can be combined into
this bill.  A few questions:  1) what happens if the mortgagee is not the
servicer?  2) what happens if the Note and Mortgage have been sold or
assigned several times, does the Landlord have the duty to update title
every time it gets a new tenant or amends the lease?  3)    What happens if
there is no written lease agreement but a month to month agreement? 

If the Lender/Mortgagee wants to protect its rights it should have the
affirmative duty at closing or any other time to notify the Landlord that it
wants this type notice and a continuing duty to provide where that notice
goes.  This notice requirement is a real burden on the Landlord, however the
way it is written there is no guarantee it will be effective.

The proposed 1/16 legislation states that the tenant is required to continue
to make rent payments - to whom?  To the landlord who is being forclosed and
not making any payments anyway?  This could be a real wind fall to the
Landlord.  Why should a tenant enrich a landlord who is creating problems
for that tenant?  Arlene

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Arlene C. Udick, Esq. @ The Villages

P.O. Box 2094

Lady Lake,  Fl 32158-2094

(o) 352-391-1888

(f) 352-391-9128

Arlene at udicklaw.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, February 18, 2009 9:50 AM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: Bills filed

Attached is a draft Bill received.   Please provide any comments that you
might have asap.  

You may also direct any comments to Subcommittee Chair, Scott Frank.

thanks.

Neil B. Shoter 
Partner  

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From: Arthur J. Menor 
Sent: Tuesday, February 17, 2009 6:25 PM
To: Neil B. Shoter
Subject: FW: Bills filed

  _____  

From: Michael J. Gelfand [mailto:mjgelfand at gelfandarpe.com] 
Sent: Monday, February 16, 2009 3:12 AM
To: Arthur J. Menor
Subject: FW: Bills filed

Dear Art

Please advise me of your committee's position on the attached.  Thanks.

Michael J. Gelfand

Florida Bar Board Certified Real Estate Attorney

Florida Supreme Court Certified Mediator:

   Civil Circuit Court & Civil County Court

Gelfand <http://www.gelfandarpe.com/>  & Arpe, P.A.

"Assisting Communities to Efficiently Reach Goals"

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West Palm Beach Florida 33401

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From: Fields, Alan B [mailto:abfields at firstam.com] 
Sent: Saturday, February 14, 2009 4:34 PM
To: bfelcoski at gfsestatelaw.com; Bruton, Burt; Melissa Murphy; Michael J.
Gelfand; Nash Charlie; Neukamm, John; Sandra Fascell Diamond
Subject: FW: Bills filed

HB 875 SB 1038  Notice of Tenants to Mortgagee.   (H. Jones  S. Joyner)

Requires all landlords to give mortgagee (not current mortgage holder, not
servicer) notice of all tenants on the property and to update them within 14
days following a change. 

Expressly makes the tenant a party to a mortgage foreclosure, which is
probably not a change from current law. 

Upon receipt of notice of a foreclosure, Landlord must pay rental deposit
money into court registry within 14 days. 

Delays possession by Certificate of Title holder for at least 60 days after
written notice of the sale and desire to take possession. 

Imposes additional duty on landlord or landlord's agent to disclose a
foreclosure or "problems" that, "may cause the premises to be subject to a
foreclosure proceeding."  This requirement may conflict with duty of Realtor
confidentiality under 475.278 and the duties of other fiduciaries. 

Alan B. Fields

Florida State Counsel

First American Title Insurance Company

7360 Bryan Dairy Road, Suite 200

Largo, FL  33777

727-549-3243

877-798-7058

Cell:  727-773-6664

Fax  727-549-3481

abfields at firstam.com

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From: Gary Sumner [mailto:gsumner at manglaw.com] 
Sent: Friday, February 13, 2009 10:18 AM
To: Brown, Julie; Fields, Alan B; McCall, Alan; Chris Dudley; Doug Mang;
LaJoie, John
Subject: Bills filed

Please see attached bills for review and comment.

Sincerely,

Gary Sumner

Mang Law Firm, P.A.

660 E. Jefferson Street

Tallahassee, FL 32301

(850) 222-7710

gsumner at manglaw.com

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