[RPPTL LandTen] HB 6069

[Eric Jacobs]

On an unrelated note, I wanted to get everyone’s opinion with regard to a law firm “signing” an OL by simply writing the law firm’s name in the place for signing.

I do not see how this is sufficient to bind the firm but understand that it is a common practice particularly among the larger law firms.

Thanks

Eric A. Jacobs, J.D., M.B.A.
Nexterra Law
Board Certified Real Estate Litigation and Transactional Practice
AV Rated - Martindale Hubbell
1111 Lincoln Road, Suite 801
Miami Beach, Florida 33139
(954) 929-0679 Telephone
(954) 243-3100 Mobile


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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Eric.Rapkin at akerman.com
Sent: Thursday, January 16, 2020 1:51 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] HB 6069

I don't do eviction or foreclosure work and so I don't really know the process, but have a question for the group.  I recall when this was added to the landlord–tenant statute, it was a great benefit to landlords because if the tenant doesn't post in the rent in the registry, it's an immediate judgment.  Is there anything comparable like that in the mortgage foreclosure world?  I know from the recession that defaulted mortgage borrowers would raise defenses and keep the foreclosure going as long as possible while continuing to live in the house for free (no mortgage payment, no property taxes, no homeowner insurance, no association dues, etc.).  If there isn't something comparable in the foreclosure world, I'm wondering what the difference is between a landlord trying to take back the leased premises from a tenant that didn't pay the rent and a lender trying to take back the mortgaged property from a borrower that didn't pay the mortgage.  Maybe there's a philosophical difference/public policy notion that ownership of a home or other property is more sacred than simply renting.  Or maybe the apartment owners have a better lobby.

Just curious.

Eric D. Rapkin
Chair, Real Estate Practice Group
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
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eric.rapkin at akerman.com<mailto:eric.rapkin at akerman.com>



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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Kristopher Fernandez
Sent: Thursday, January 16, 2020 1:42 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] HB 6069

I am strongly against it the change.  Without the “default” language, a tenant can plead any defense the wants to plead, valid or not.  The result is to delay the landlord from quickly regaining possession of its property.  It will also increase the landlord’s attorney fees if I now have to have an evidentiary hearing to overcome the tenant’s defenses and obtain an eviction judgment.

.           Do you know who is proposing the change and why?


Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> On Behalf Of Brenda Ezell
Sent: Thursday, January 16, 2020 1:29 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: [RPPTL LandTen] HB 6069

Good afternoon.  Attached for your consideration and comment is HB 6069 which was just introduced this week.  This bill seriously impacts how evictions will proceed so I thought it would be a good idea to get comments from all of you who practice in this area in advance of the Section taking a position on this.

Thank you.

Brenda



Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

[cid:image005.png at 01D5CC75.57516650]
3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
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