[RPPTL LandTen] FW: RPPTL - Legislative Proposal to Repeal Fla. Stat. 83.561 from RP Finance and Lending Committee

[Christopher A. Sajdera]

Good Afternoon:

Attached to this email is a proposed legislative initiative from Real Property Finance & Lending Committee, which would repeal Fla. Stat. 83.561.  That statute provides for the termination of residential tenancies after a foreclosure judgment.  The reason for seeking to repeal is that the Protecting Tenants at Foreclosure Act ("the Act") was reinstated this year and appears to preempt FS 83.561.  See U.S. Public Law 115-174, attached.  There are multiple conflicts between the state statute and the federal statute, which are creating havoc for foreclosure practitioners and foreclosure investors.

Please review and comment.  If there is time, this proposal will be discussed at the Real Estate Leasing Committee Meeting.  At a minimum, we would like to start a preliminary discussion of the issues on the listserv.  It will probably be a discussion item and/or action item on your agendas for the upcoming meeting.

The questions posed by that committee are whether our committee agrees (1) that the federal act preempts the state act, and (2) that repeal is the appropriate legislative response by the Florida Legislature.

Chris


Christopher A. Sajdera, Esquire
Board Certified Attorney, Condominium and Planned Development Law

Sajdera Kim, PLLC
2200 NW Corporate Boulevard
Suite 210
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-431-0167
Email:  cas at sk-attorneys.com<mailto:cas at sk-attorneys.com>
Secondary Email: cas at sajderakimlaw.com<mailto:cas at sajderakimlaw.com>
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