[RPPTL LandTen] FW: [SavingHomes] Tenants inforeclosedproperties
Arthur J. Menor
AMenor at shutts.com
Mon Aug 17 12:11:00 PDT 2009
Scott, I think you make some valid points.
I will write to Florida Legal Services and ask for their authority on
these positions.
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott
A.
Sent: Monday, August 17, 2009 2:15 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: [SavingHomes] Tenants
inforeclosedproperties
A few thoughts:
First, the organization is making a legal conclusion that the notice
must be after the certificate of sale. While this may in fact be the
correct interpretation when all is said and done, it is for now just one
interpretation, as is the conclusion that a new owner has no standing
until after the certificate of title. Again, this may in fact be how it
works out, but nowhere n the statute is this stated and to state this
conclusion in the middle of a summary of the bill is not accurate.
Second, the provision concerning the obligation to honor the full lease
term is I believe incorrect. The letter states that the 90 day notice
to terminate can be delivered, despite a bona fide lease, if the new
owner at foreclosure wishes to occupy the residence. However, the
statute appears to state that the 90-day notice is also available if the
foreclosure buyer wishes to sell to an occupying buyer; "A successor in
interest may terminate a lease effective on the date of sale of the unit
to a purchaser who will occupy the unit as a primary residence."
(subject to 90-day notice provision)
Third, I also am somewhat puzzled by the interpretation that the statute
requires a separate eviction action, rather than just a holding period
for the writ of possession. I did not see this in the statute. In fact,
does not the letter's own suggestion of a separate hearing prior to
issuing the writ of possession satisfy the federal law's intent without
having to move to County Court for a whole other proceeding?
While I appreciate the law, and the need for it, as well as all the good
work the FASH attorneys do in today's economic environment I am just
concerned when statutory interpretations are delivered to judges as
fact. If this letter has been delivered with a caveat that this is one
interpretation of the law, I might be less concerned.
As always, just my $0.02.
Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com
515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800
Fax: 561.655.5551
433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323
Phone: 561.962.4145
Fax: 561.962.4245
SAFrank at arnstein.com
Offices in Illinois, Florida, and Wisconsin
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Monday, August 17, 2009 12:24 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: [SavingHomes] Tenants
inforeclosedproperties
Here is the attachment from the original e-mail from Neil Shoter.
-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Frank, Scott
A.
Sent: Monday, August 17, 2009 11:55 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: [SavingHomes] Tenants
inforeclosedproperties
Am I missing the attachment?
Scott A Frank
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com
515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.833.9800
Fax: 561.655.5551
433 Plaza Real
Suite 275
Boca Raton, Florida 33401-4323
Phone: 561.962.4145
Fax: 561.962.4245
SAFrank at arnstein.com
Offices in Illinois, Florida, and Wisconsin -----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J.
Menor
Sent: Monday, August 17, 2009 11:46 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] FW: [SavingHomes] Tenants in
foreclosedproperties
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
In the event that a Microsoft Word document is attached to this email,
it was prepared or revised using Microsoft Word 2007. In the event that
you have difficulty using this document in a prior version of Word,
please download and install Microsoft's compatibility patch, which can
be found at http://tinyurl.com/y5a879
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
Confidential: This e-mail contains a communication protected by the
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expect such a communication from Arlene C. Udick, please delete this
message without reading it or any attachment, and then notify Arlene C.
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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