[RPPTL LandTen] Spam from a Florida attorney regarding evictions

Fri Jan 30 05:56:17 PST 2015

Good luck.

UPL has been going on unchecked for years. Soon they can do it from the comfort of the computer and e –file everything.

I would not call most property managers “arrogant”. Most of them just do not know what the law is on this matter and the Clerk’s office hands them the forms and away they go. In some counties, most evictions are in fact filed by property managers. The Panhandle is an example and Judges have come and spoken at the property management meetings.  If you want to see where a lot of misinformation comes from, spend some time at the intake desk of the Courthouse. It is not like the Supreme Court Opinion is on the wall framed.

Just recently, after a Judges’ conference, some of the judges are actually enforcing the long standing requirement that if the owner is a corporation, they must be represented and cannot file pro se. Most judges will sign the FJ as long as no one brings it up.

Someday, someone will do something about the largest eviction lawyer in Orlando who advances court registry deposits to the property manager after the Order but BEFORE they have been disbursed. Doing so injects him into the case before it is actually “over”. The Bar said it was a massive trust account violation and he has done it literally thousands of times. He does it as a marketing ploy as it helps the property managers end of month accounting which is what their bonuses are based upon.

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> 

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Thursday, January 29, 2015 4:42 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Spam from a Florida attorney regarding evictions

Thanks for the compliment Harry (I would say $10 k is probably a high average between the smart landlords who fold immediately and the really really smart ones that want to argue with me).  I have a lot of problems with real estate brokers and salespersons who think the exception for property managers applies to them.  Pursuant to The Fla. Bar re: Advisory Opinion Nonlawyer Preparation of Landlord Uncontested Evictions, 605 So.2d 868 (Fla. 1992), clarified, 627 So.2d 485 (Fla. 1993), “[r]eal estate brokers and salespersons who are licensed under chapter 475 also may qualify as "property managers" if they otherwise fit within this definition”. For the purpose of the opinion the Court stated, “ ‘property manager’ is defined as one who is responsible for the day-to-day management of the residential rental property, as evidenced by such factors as responsibility for renting of units, maintenance of rental property, and collection of rent.”  The arrogant real estate brokers also forget that the opinion also states, “property manager must utilize the forms approved by this Court pursuant to rule 10-1.1(b) 4 and may not draft or file pleadings that differ from those authorized by this Court.”  Many realtors do nothing but list a rental for the owner and when the owner has a problem with the tenant the owners look to the realtors who believe they can do what lawyers can do because of the “property manager” exception provided by the Florida Supreme Court.  I have been very successful against realtors arguing that any form that is not a Court approved form is void abinito, that realtors that do not fit within the definition of “property manager” have engaged in the unlicensed practice of law which is therefore a per se violation of The Florida Deceptive and Unfair Trade Practices Act, and a three-day notice violate the Florida Consumer Collection Practices Act.  Unfortunately I haven’t even made a dent in the way realtors do business. I feel like a fly on a horse’s ass.  Sure I collect a fee but not against the realtor and yes I like making money and I also like teaching the really really smart landlords and realtors a lesson but I don’t like doing so because of some un-expecting landlord believes the false or at least misleading advertising of non-lawyers.  I would like to reach into the non-lawyers’ pockets but standing is a problem.  

The only thing I can think may help is if we as a group start an online petition to stop the unlicensed practice of law.  If we get enough signatures maybe the Bar will take it seriously.  

I will get down from my soap box now.

Leonard P. Cabral, Esq.

Leonardcabral at lenslaw.com

BTW HARRY check this out:   http://www.cbsnews.com/news/las-vegas-white-castle-forced-to-close-after-first-day-frenzy/

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, January 29, 2015 10:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Spam from a Florida attorney regarding evictions

Yes.

We can give great thanks to the Florida Bar for helping non attorneys like this erode our businesses and give us all a bad name.

These people WILL give legal advice. Just block your phone number, call one up and ask some legal questions about evictions. They will spout out all kinds of legal advice.

Smart advocates like Leonard will eat an eviction like this and get $10K from the landlord.  Who suffered? The public because of the Bar allowing non lawyers to “assist” the public in filling out forms.

If a form requires “assistance” then the form should not be given to the public.  I thought that WE were supposed to assist and protect the public in their legal needs.

I am glad I am 25 years in. I would not do this over again. The new, little guy lawyer is doomed under the current set up. He is better off NOT going to law school and creating a non lawyer forms assistance business then just give legal advice with no oversight, no advertising rules and no penalties.

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

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Thursday, January 29, 2015 10:19 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Spam from a Florida attorney regarding evictions

Thanks for the referral, Harry! (Just kidding)

And then there’s these guys.

http://www.evictionsplus.com/

Gregory R. Haney | Shumaker
Attorney at Law 
Board Certified in Real Estate Law
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard | Tampa, FL  33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney at slk-law.com | bio <http://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney>  | LinkedIn <http://www.linkedin.com/in/gregoryhaney> 

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Thursday, January 29, 2015 8:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Spam from a Florida attorney regarding evictions

Hard to believe people can get away with spamming thousands of these to Florida attorneys and property managers. The Bar will do nothing most likely.  Well at least this one is based in Florida. There are a load outside of the state.

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

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