[RPPTL LandTen] Protecting Tenants at Foreclosure Notice

[Leonard Cabral]

Yes, the PTAF act survives under the Dodd Frank Act.  First, the notice must be delivered to the tenants AFTER titled has transferred, not the date of sale.  There are a lot of notices out there that I would love to litigate the validity of the notice.  My opinion is that the notice must first inform the tenant he/she  has the right to complete the term of their written lease.  If the tenant does not have a written lease follow the form of a termination of a tenancy at will only provide them with 90 days from the date the notice is served and insert that date in the notice.  I think there is a problem with notices to "occupants" (would love to litigate that issue). I think there is a problem with notices that intimidate the tenant stating they have to move or the sheriff will put them out in the street etc., but at the end of the notice there is a disclosure that the tenant may have the right to remain until the end of the lease term so provide a lease so we (the owner) may determine if the tenant is a bonefide tenant (which is an issue for a court to determine).  I litigated several of these but once I poke holes in the notice the owner pays the tenant to move.  The mortgage companies and Fannie Mai act like they drafted the PTAF but they really don't know the notice requirements under the landlord tenant act.  My next dream case will be under the amended statute the landlord can correct the notice after filing an eviction.  I'm not sure if the landlord at will be able to correct a defective notice pursuant to PTAF.

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Andrew F. Garofalo
Sent: Thursday, May 16, 2013 19:05
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Protecting Tenants at Foreclosure Notice

I represent a non-institutional mortgagee.  Foreclosure sale date is June 4.  We believe there may be a tenant occupying the home.  We served Unknown Tenant 1 and obtained a default and final judgment against them.  When my client receives the certificate of title following the foreclosure sale, if someone is still occupying the home I believe we need to comply with PTFA.  Does anyone have a form notice to provide to the tenant after we obtain the certificate of title to comply with the Act?  Thanks.



Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law
andrew at garofalolaw.net<mailto:andrew at garofalolaw.net>

Garofalo Law Office P.A.
7401 Wiles Road, Suite 319 | Coral Springs, FL 33067
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www.garofalolaw.net<http://www.garofalolaw.net/>

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