[RPPTL LandTen] Client Seeking Refund of Rent

Deborah Marks deborahmarkslaw at gmail.com
Wed Sep 21 10:36:43 PDT 2016


Without research, my gut tells me that this claim belongs to the bank not to your client.

Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400

Sent from my iPad

> On Sep 21, 2016, at 1:30 PM, Joseph S. Hughes, Esq. <jhughes at joehugheslaw.com> wrote:
> 
> Long story, but that isn't an issue in this case. He's collectible. 
> 
> ---
> Joseph S. Hughes, Esq.
> The Law Office of Joseph Hughes P.A.
> 515 E. Las Olas Blvd. Ste 120
> Fort Lauderdale, FL 33301
> Cell: (413) 687-2093
> Office: (954)256-5125
> Fax: (954) 256-5126
> http://www.joehugheslaw.com
> 
> The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
>  
> 
>> On 2016-09-21 09:38, Sebastian Jaramillo wrote:
>> 
>> I'd be more worried about the likelihood of collecting on any judgment you may obtain. Given that Landlord is in foreclosure, what is the likelihood that he's collectible?
>> 
>>  
>> 
>> Sebastian Jaramillo, Esq.
>> 
>> Florida Board Certified in Real Estate Law
>> 
>> 
>> 
>> 66 W. Flagler St Suite 500 Miami, FL 33130
>> Tel:  (305) 600-3805 Fax: (786) 347-5562
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>> 
>>> On Tue, Sep 20, 2016 at 7:04 PM, Joseph S. Hughes, Esq. <jhughes at joehugheslaw.com> wrote:
>>> My client signed an agreement for one year as a tenant for the rental of a residential property. Unbeknownst to my client, the property went into foreclosure and was sold. However, the landlord continued collecting rent for two months after title to the property had transferred. The new owner (the bank) did not advise my client of the transfer of ownership nor charge rent during this period.
>>> 
>>> Is is worth my client suing to get the rent money back for the final two months? My concern is that there are arguably no damages since my client continued to reside at the property without interruption. Also, although the lease was effectively terminated at the time of the transfer of title, because an express contract existed at the onset of the tenancy, an unjust enrichment claim would fail. 
>>> 
>>> --
>>> 
>>> Joseph S. Hughes, Esq.
>>> The Law Office of Joseph Hughes P.A.
>>> 515 E. Las Olas Blvd. Ste 120
>>> Fort Lauderdale, FL 33301
>>> Cell: (413) 687-2093
>>> Office: (954)256-5125
>>> Fax: (954) 256-5126
>>> http://www.joehugheslaw.com
>>> 
>>> The information contained in this email may be attorney privileged and confidential information intended only for the use of the individual or entity named above. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by telephone or reply e-mail and delete this message and any attachments.
>>> 
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>> 
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