[RPPTL LandTen] 2 Questions

Tue May 20 12:22:33 PDT 2014

Thanks Bob. My opinion as to Scenario 1 is same as yours. With respect to Scenario 2, we have name of defendant in foreclosure but believe that the current occupant is not the foreclosure defendant. As suggested either John or Jane Doe or Unknwn Occupant seems  the way to go.

DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS.  DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT.  ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICE <mailto:PLEADINGS at VOVALAW.COM> PLEADINGS at CARUSILAW.COM.

Daniel S. Carusi, Esq.

Daniel S. Carusi. P.A.

517 SW 1 Avenue

Ft. Lauderdale, FL 33301

954.527.0101

954.524.4169 F

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Tuesday, May 20, 2014 1:09 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] 2 Questions

Re Scenario 1:  After lapse of 30 days of the foreclosure's termination, I think the court would have lost jurisdiction and I don't think the client could then move to intervene and have a WOP issued.  If within 30 days, then I'd argue the client is surrogated to the lender's interests and rights and could file a motion to intervene and obtain a WOP.

Re Scenario 2:  I would tend to think that the foreclosing plaintiff would have obtained the names of the defendants by the return of process on them or otherwise may have had a communication from them to enable you to inquire and obtain their names.  If not, then my view is that you could name them as Unknown Occupants, serve them, and then file a motion for changing their names from Unknown Occupants to their actual names if the service of process identifies them.  Some judges will allow just a Notice of Name Change without needing a motion.

Robert L. Wunker, Esq.

rwunker at gmail.com

On Tue, May 20, 2014 at 11:52 AM, Daniel S. Carusi <dcarusi at bellsouth.net> wrote:

Scenario 1: Client buys REO property from lender. Previous owner (defendant in foreclosure) remains on property. Court retains jurisdiction to issue a WOP. 

QUESTION: Do you believe the retention of jurisdiction to issue a WOP would apply to the purchaser from the bank?

Scenario 2: Client buys REO property from lender. Property has occupants whose name/status are unknown.

QUESTION:  In an action for possession (probably detainer), name defendants as “Unknown Occupants”?  Any other suggestions?

DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS.  DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF COURT.  ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO SERVICE <mailto:PLEADINGS at VOVALAW.COM> PLEADINGS at CARUSILAW.COM.

Daniel S. Carusi, Esq.

Daniel S. Carusi. P.A.

517 SW 1 Avenue

Ft. Lauderdale, FL 33301

954.527.0101

954.524.4169 F

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.

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Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to clindo at bellsouth.net.

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