[RPPTL LandTen] FW: [SavingHomes] Tenants in foreclosed properties

Arthur J. Menor AMenor at shutts.com
Mon Aug 17 08:46:10 PDT 2009


Thank you Arlene for this very interesting notice.

Committee members may recall that one of the questions about this new
law that was discussed at our last meeting dealt with when the 90 day
termination notice could be sent to the tenant.  One possibility
discussed was that the plaintiff could send the notice during the
pendency of the foreclosure action.  the Housing Umbrella Group does not
agree stating that the 90 day notice can only be sent by the new owner
and that a new owner does not exist until after the clerk issues the
certificate of title.

Also of interest is the interpretation that bona fide tenants can not be
dispossessed through the foreclosure action but that a separate eviction
action must be filed by the "new owner".

 

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B.
Shoter
Sent: Tuesday, August 04, 2009 1:23 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] FW: [SavingHomes] Tenants in foreclosed
properties

Please see the attached provided by Arlene Udick which may be of
interest to those dealing with residential evictions and foreclosures.
As noted in last week's committee meeting, the Fall Actionline will
contain an article discussing the new Federal Protecting Tenants at
Foreclosure Act. 


Neil B. Shoter
Partner  / LEED Accredited Professional
________________________________

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card
| Website
 

-----Original Message-----
From: Arlene Udick [mailto:Arlene at UdickLaw.com]
Sent: Tuesday, August 04, 2009 10:50 AM
To: Neil B. Shoter
Subject: FW: [SavingHomes] Tenants in foreclosed properties

Dear Neil,

Received this from the FASH list serve.  I am forwarding it to you in
case you want to pass it on to the Landlord/Tenant group.  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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Udick at Arlene at udicklaw.com of this inadvertent mis-delivery.   Thank
you.
P Please only print this email if absolutely necessary, thanks!


-----Original Message-----
From: alice at floridalegal.org [mailto:alice at floridalegal.org]
Sent: Tuesday, August 04, 2009 10:33 AM
To: SavingHomes
Subject: [SavingHomes] Tenants in foreclosed properties

Though this is slightly off topic for the FASH list serve, in light of
the discussion yesterday, I am attaching a letter that the Housing
Umbrella Group of Florida Legal Services sent to all judges, clerks,
court administrators and sheriffs in Florida about the new federal
protections for tenants in foreclosed properties.  

Alice Vickers
Attorney
Florida Legal Services, Inc.
Tallahassee, FL
alice at floridalegal.org


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