[RPPTL LandTen] Foreclosures

Mon Jan 26 08:46:16 PST 2015

Anytime I have a client who purchases a foreclosed property that is occupied, we file a Motion for Writ of Possession in the foreclosure case.  When the Protecting Tenants Act was in place, we had to give 90 days notice and give the tenant the opportunity to live out the lease, which included payment of rent of course.  Now, I don't believe either of those are required, however, for now, I have still recommended following those procedures until there is absolutely clarity that the Act no longer applies.
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: Harry Heist <harry at evict.com>
 To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
 Sent: Monday, January 26, 2015 11:35 AM
 Subject: [RPPTL LandTen] Foreclosures

<!--#yiv4121856002 _filtered #yiv4121856002 {font-family:Helvetica;panose-1:2 11 6 4 2 2 2 2 2 4;} _filtered #yiv4121856002 {font-family:Helvetica;panose-1:2 11 6 4 2 2 2 2 2 4;} _filtered #yiv4121856002 {font-family:Calibri;panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv4121856002 {font-family:Tahoma;panose-1:2 11 6 4 3 5 4 4 2 4;} _filtered #yiv4121856002 {font-family:"Bookman Old Style";panose-1:2 5 6 4 5 5 5 2 2 4;}#yiv4121856002 #yiv4121856002 p.yiv4121856002MsoNormal, #yiv4121856002 li.yiv4121856002MsoNormal, #yiv4121856002 div.yiv4121856002MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 a:link, #yiv4121856002 span.yiv4121856002MsoHyperlink {color:blue;text-decoration:underline;}#yiv4121856002 a:visited, #yiv4121856002 span.yiv4121856002MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv4121856002 p.yiv4121856002MsoAcetate, #yiv4121856002 li.yiv4121856002MsoAcetate, #yiv4121856002 div.yiv4121856002MsoAcetate {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;font-family:"Tahoma", "sans-serif";}#yiv4121856002 p.yiv4121856002msoacetate, #yiv4121856002 li.yiv4121856002msoacetate, #yiv4121856002 div.yiv4121856002msoacetate {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 p.yiv4121856002msonormal, #yiv4121856002 li.yiv4121856002msonormal, #yiv4121856002 div.yiv4121856002msonormal {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 p.yiv4121856002msochpdefault, #yiv4121856002 li.yiv4121856002msochpdefault, #yiv4121856002 div.yiv4121856002msochpdefault {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 span.yiv4121856002msohyperlink {}#yiv4121856002 span.yiv4121856002msohyperlinkfollowed {}#yiv4121856002 span.yiv4121856002emailstyle17 {}#yiv4121856002 span.yiv4121856002emailstyle18 {}#yiv4121856002 p.yiv4121856002msonormal1, #yiv4121856002 li.yiv4121856002msonormal1, #yiv4121856002 div.yiv4121856002msonormal1 {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 span.yiv4121856002msohyperlink1 {color:blue;text-decoration:underline;}#yiv4121856002 span.yiv4121856002msohyperlinkfollowed1 {color:purple;text-decoration:underline;}#yiv4121856002 p.yiv4121856002msoacetate1, #yiv4121856002 li.yiv4121856002msoacetate1, #yiv4121856002 div.yiv4121856002msoacetate1 {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 span.yiv4121856002emailstyle171 {color:black;}#yiv4121856002 span.yiv4121856002emailstyle181 {color:#1F497D;}#yiv4121856002 p.yiv4121856002msochpdefault1, #yiv4121856002 li.yiv4121856002msochpdefault1, #yiv4121856002 div.yiv4121856002msochpdefault1 {margin-right:0in;margin-left:0in;font-size:10.0pt;font-family:"Times New Roman", "serif";}#yiv4121856002 span.yiv4121856002EmailStyle32 {font-family:"Calibri", "sans-serif";color:#1F497D;}#yiv4121856002 span.yiv4121856002BalloonTextChar {font-family:"Tahoma", "sans-serif";}#yiv4121856002 .yiv4121856002MsoChpDefault {font-size:10.0pt;} _filtered #yiv4121856002 {margin:1.0in 1.0in 1.0in 1.0in;}#yiv4121856002 div.yiv4121856002WordSection1 {}-->What is the deal now that they did not renew the Protection Act?  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:  www.evict.com 
Email: harry at evict.com
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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.    From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Monday, January 26, 2015 10:54 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal  I have also had many clients with similar problems.  Harry it right, associations are totally out of control, it's an epidemic.  They misuse their power for personal vendettas and just to discriminate against landlords, despite the fact that the community allows for rentals.  To answer the question, unfortunately, if the documents allow for it, then I don't believe the owner has any right to fight it.  Common sense would say that they need to provide a reason, but unfortunately, common sense does not seems to prevail when dealing with associations.  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: Harry Heist <harry at evict.com>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org> 
Sent: Monday, January 26, 2015 10:30 AM
Subject: Re: [RPPTL LandTen] HOA authority to deny lease renewal  Associations are out of control and they do this to discriminate against protected classes. Something needs to be done to stop this. 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:  www.evict.com 
Email: harry at evict.com
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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.    From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Friday, January 23, 2015 4:05 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA authority to deny lease renewal Hello members.  I received a call today from a residential landlord who received notice from his HOA’s property manager  that the HOA would not give approval of a lease renewal citing, albeit vaguely, some “issues” with the tenant.  There are no specifics.  The HOA docs do not address the grounds for refusal to approve a lease or provide any measure to determine whether an HOA can arbitrarily choose not to approve a lease.  It seems that the owner has a right—to lease—but that this right, which includes a financial interest, can be terminated by the HOA.       Can anyone opine on whether an owner has any rights to question the HOA’s decision?  Can an HOA arbitrarily decide not to allow an owner to lease their property or must there be specific, objective reasons?  Thank you.     Regards,  
|   | Anthony J. Horky, EsquireAnthony J. Horky, P.A.2255 Glades Road, Suite 324ABoca Raton, Florida 33431T: 561.989.3206F: 561.952.0096                    www.horkylaw.com  |
| 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 attorney-client privileged or 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 at: ahorky at horkylaw.com.-------------------------------------------------------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.     _______________________________________________
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