[RPPTL LandTen] FW: Proposed legislation - tenants in foreclosure properties

Thu Dec 4 12:05:54 PST 2014

Thank you for providing these comments, they certainly cover most of my concerns.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.  Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
      From: "Wulf, Henry" <HWulf at cfjblaw.com>
 To: "landten at lists.flabarrpptl.org" <landten at lists.flabarrpptl.org> 
 Sent: Thursday, December 4, 2014 2:56 PM
 Subject: Re: [RPPTL LandTen] FW: Proposed legislation - tenants in foreclosure properties

We agree with many of the comments/criticism already mentioned.  In case, you would like our specific comments and proposed revisions, see attached and following.  Thanks.    (1)(a) should be more specific that it only applies in cases involving foreclosure of residential mortgages.    In (b)(1),(2) and (3), “before the certificate of title was issued” should be changed to “before the recording of a lis pendens in the foreclosure action by which the certificate of title is issued or before the certificate of title was issued, whichever is earlier…”    >>As currently written, the statute encourages fraudulent long-term leases. I know the revised federal act referred to issuance of the certificate of title, but my understanding is that act expires 12/31 of this year (perhaps expiration of the federal act is the impetus for this statute).    Subsection (3) should be revised to require a credit only for deposits or advanced rent paid to the lender by the prior owner and to give tenants a cause of action against the prior owner for any deposits or advanced rent paid to the prior owner and not turned over to the purchaser at the foreclosure sale, plus the tenant’s costs and attorneys’ fees.   >>As currently written, subsection (3) imposes unknown liability upon foreclosing lenders. Why should a foreclosing lender have to credit a tenant for funds the lender never received?    The statute, as currently written, also deprives lenders of their contractual rights (including the law as it existed at that time since the law as it exists on the date of a contract is deemed a part of the contract) as they existed when the mortgage was signed. The Federal constitution does not have a provision prohibiting the impairment of contract rights as the Florida Constitution does. As a result, the Florida Act would only be constitutionally applied to foreclosure of mortgages executed after the date of the Act (or perhaps after the date of the federal Protecting Tenants at Foreclosure Act as that law arguably became part of any mortgage executed after the enactment of the federal act).       
Henry Wulf
Attorney at Law

CityPlace Tower
525 Okeechobee Blvd., Ste. 1200
West Palm Beach, Florida  33401-6350 
Direct:  561.650.8042 | Fax:  561.659.7368

HWulf at cfjblaw.com | www.CFJBLaw.com
bio |vcard  | LinkedIn   

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. 
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20141204/4efeaca0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 19381 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20141204/4efeaca0/image001-0001.png>