[RPPTL LandTen] Eviction Defense Motions

Mon Jan 12 17:43:52 PST 2015

Would like some feedback as to 2 following scenarios:

1.        CT issued to lender  in 2012. Lender conveys to Freddie Mac in
2013. In 2014 Freddie Mac obtains various orders  directing clerk to issue
various writs of possession against   "tenant"  (I state "tenant" only
because that is what the orders state) who had filed a motion to stay a
previously issued writ. Prior to execution of the writ, Feddie Mac conveys
to an investor. Writ has been returned unexecuted. Assume there is no
written lease. I have no other facts regarding "tenants" status.

Do you believe person in possession  is a tenant, somehow subject to  Ch 83
Part 2, or some other status?

2.       CT issued  to lender on  a duplex, occupied by previous owner and a
tenant of previous owner. Lender conveys to investor. Previous owner is
removed through a detainer action. Tenant answers separate detainer stating
she is a tenant and produces what purports to be a  bona fide written lease
that expires in April, 2015.  My quick research shows that  Protecting
Tenants at Foreclosure Act sunset on 12-31-14.   If this is correct, (1)
does anybody have an opinion as to status of tenant after Act sunsets? And
(2)  to remove this tenant who hasn't paid since investor took title, 3 day
notice  calculating rent from day investor took title?  

Feedback will be appreciated.

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.

-------------------------------------------------------

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 apolloniaauciello at bellsouth.net.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, January 12, 2015 7:09 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Defense Motions

Marty:

I fell off my chair, did you? How many others fell off their chair.  Do I
smell a McDonalds coffee case brewing.  (just kidding about McDonalds, I
don't think the woman received enough money for her injuries.  If you watch
the DVD "Hot Coffee" you may agree.  Great tort reform campaign)

Leonard P. Cabral, Esq.

Leonardcabral at lenslaw.com

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Martin Lawyer
Sent: Monday, January 12, 2015 6:31 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Eviction Defense Motions

The attached should get you started.  In the Answer, your friend should also
deny that Plaintiff is the owner.

                      Marty

                     C. Martin (Marty) Lawyer, III

                     Florida Bar # 128095

                     Bay Area Legal Services, Inc.

                     1302  N. 19th St.,  Suite # 400

                     Tampa,  FL 33605-5230

                     (813)  232-1222, Ext.109

                      FAX:  248-9922

"Preserving Independence, Hope and Dignity"

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Monday, 12 January, 2015 16:20
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Eviction Defense Motions

Many of you who know me will fall off their chair but I am trying to assist
a friend who is fighting an eviction.

1.       Fictitious name owner does not match the case style at all.

2.       The process server lied about when it was served 

3.       Eventually one of the occupants will file a Third Party Affidavit
as she was not served but that comes later.

4.       Rent is way off so she wants to file a Motion to Determine rent

Can any of my tenant helping buddies send me some sample pleadings?  She is
going to file pro se (tomorrow is her deadline) but I told her it should
look good.  No one in this listserve is the attorney who filed the case.

Thanks!

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150112/d77125dd/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1382 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20150112/d77125dd/image001-0001.png>