[RPPTL LandTen] FW: SB 0586 - Foreclosures

Mon Oct 31 10:56:01 PDT 2011

Please provide any comments you may have to the attached proposed SB 586 relating to disposition of leases in foreclosure.  You may email any comments directly to my email address.   Preliminary comments we received are below.

Thank you.

Neil

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Neil B. Shoter
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SB 586

Subsection (1) requires a 30 day notice following foreclosure before a tenant can be evicted.   This seems to conflict with the requirements of the federal Protecting Tenants at Foreclosure Act of 2009 which generally requires a 90 day notice, and unless it will be buyer occupied often allows the tenant to remain in possession for the duration of the term.   Scott & Lloyd probably have a better handle on this issue than I do.   There is a sunset provision in the federal act so Senator Fasano's intent may be to have this in place for after the federal law has sunset - but it should be express if that is the intent.

Line 39-40 is a nullity.  The tenant is given the authority to terminate a lease within 7 days - but the lease has already been foreclosed out.

The notice of a pending foreclosure at line 57 is great public policy.

Line 72-81 is objectionable in purporting to make the purchaser of a property out of foreclosure responsible for any tenant security and advance rent deposits made with the prior owner and not properly held and accounted for.

This punishes the wrong party and is bad public policy.

It places a liability on the purchaser, that they have no way to quantify so the uncertainty will tend to reduce prices of foreclosed properties.
It has the potential to be used for fraud.

I think the reference to "83.49(1)(b)" in line 77 is incorrect.   (1)(b) deals with holding in a separate interest bearing account, not making claims.

Alan B. Fields
Executive Director
Florida Land Title Association, Inc.
249 E. Virginia St.
Tallahassee, FL 32302
727-773-6664
f)  727-608-4669
alan at flta.org<mailto:alan at flta.org>
website:   www.flta.org

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From: Freedman, Robert S. [mailto:rfreedman at carltonfields.com]
Sent: Tuesday, October 25, 2011 10:07 AM
To: Cornett, Jane, Co-Vice Chair - Condominium & Planned Development; Kibert, Nicole; Mezer, Steven H., Chair - Condominium & Planned Development; Heron, Lisa Colon, Co-Vice Chair - Construction Law; Roberts, Hardy L.; Tritt, Arnold D., Chair - Construction Law; Wright, Wm. Cary; Frank, Scott, Co-Vice Chair - Landlord & Tenant; Granet, Lloyd, Co-Vice Chair - Landlord & Tenant; Shoter, Neil, Chair - Landlord & Tenant; Stern, Robert, Co-Vice Chair - Mortgages & Other Encumbrances; Swaine, Robert, Co-Vice Chair - Mortgages & Other Encumbrances; Zikakis, Salome, Chair - Mortgages & Other Encumbrances; Fields, Alan, Co-Vice Chair to Real Property Problems Study ; Frazier, S. Katherine, Chair - Real Property Problems Study; Hancock, Patricia J., Co-Vice Chair - Real Property Problems Study; Awerbach, Marty, Co-Vice Chair - Real Property Litigation; Brown, Mark A.; Spurgeon, Susan, Co-Vice Chair - Real Property Litigation; Ballaga, Raul co-Vice Chair to Title Insurance & Title Insurance Liaison; Duvall, Homer, III, co-Chair to Title Insurance & Title Insurance Liaison; Fernandez, Kristopher, Chair - Title Insurance & Title Insurance Liaison
Cc: Margaret A. Rolando; Freedman, Robert S.
Subject: SB 0586 - Foreclosures

Greetings.  Please look at the full text of the bill which can be found on these legislative web sites - www.flsenate.gov<http://www.flsenate.gov>, www.myfloridahouse.com<http://www.myfloridahouse.com> and www.leg.state.fl.us<http://www.leg.state.fl.us>.  If someone else in your committee (i.e., the legislative liaison) is designated to respond to legislation, please forward this email to them, copying the rest of the group, so that we know the future point person. If you think that there are any other committees from whom comments should be solicited, please let me know.

Accordingly, please advise if you have any adverse comments to this bill and provide a written response bullet-pointing your adverse comments no later than Friday, November 4, 2011.  If you are providing any adverse comments, please keep in mind that these adverse comments may need to be circulated to other third parties when phrasing your comments.  When replying, please copy everyone on this email so that we can keep everyone in the loop.  Finally, if I do not receive a response from you by the above date, I will assume that your committee does not have any adverse comments to the above-referenced legislation.

Please note that there is a very good possibility that this bill may be modified during the legislative process, but reviewing this bill now will enable us to identify problem areas early.

Thanks for your assistance, and please let me know if you have any questions.

Rob

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Robert S. Freedman
Attorney At Law

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Tampa, Florida  33607-5780

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Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product.  If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.
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