[RPPTL LandTen] FW: RPPTL RP Division Issues (Leasehold Homestead Protection From Forced Sale)

[Neil B. Shoter]

Attached is a recent decision of the 2nd DCA, Geraci v. Sunstar, regarding the issue of: "whether a condominium that is subject to a long-term leasehold may qualify as a homestead [under article X, s. 4(a) and (b), Fla.Const.] to be protected from forced sale to pay the creditors of the deceased owner."

The attachment includes a contrary opinion paper by a long standing distinguished member of the RPPTL Section, Rohan Kelley, and the issue has been sent to the Real Property Problem Studies Committee as lead in reviewing the case and whether the Section should support or take a contrary position to the holding of the case.

If you have any comments on the case, please email me directly (nshoter at shutts.com<mailto:nshoter at shutts.com>) and we will have opportunity during next Thursday's Committee meeting to discuss any thoughts you may have.

Neil


[cid:image001.jpg at 01CD665C.057CECF0]

Neil B. Shoter
Partner / LEED Accredited Professional
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From: Michael J. Gelfand [mailto:MJGelfand at gelfandarpe.com]
Sent: Thursday, July 19, 2012 5:42 PM
To: Steven H. Mezer (smezer at bushross.com); Neil B. Shoter; Fred Wayne Jones (fwjoneslaw at gmail.com); Kristopher Fernandez; S. Katherine Frazier (skfrazier at hwhlaw.com)
Cc: Mike Dribin (mdribin at harpermeyer.com); William Fletcher Belcher (wfbelcher at gmail.com); Margaret A. Rolando
Subject: RPPTL RP Division Issues (Leasehold Homestead Protection From Forced Sale)

Dear Committee Chairs

Attached is a memorandum concerning the recent decision issued in Geraci v. Sunstar, 37 FLW D1545 (Fla. 2d DCA June 27, 2012), and the decision itself.

Katherine Frazier has graciously agreed that the Real Property Problem Studies Committee will take the lead on evaluating whether the decision is problematic for real property practitioners, and if so, considering a recommendation to the Executive Council.  The decision addresses the issue of: "whether a condominium that is subject to a long-term leasehold may qualify as a homestead [under article X, s. 4(a) and (b), Fla.Const.] to be protected from forced sale to pay the creditors of the deceased owner."

The addressees of this email are chairs of Real Property Division committees that I believe may have substantial interest in the decision.  I would like to try to avoid each committee re-hashing the same comments for the same issue; thus, I have tapped Problem Studies to take the lead.  Please provide Katherine your committee's comments, if any.

Thank you Katherine

See everyone Thursday.

Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
   Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A.<http://www.gelfandarpe.com/>
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224

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