[RPPTL LandTen] Emergency Order Suspending Evictions

Fri Apr 3 05:21:18 PDT 2020

Everyone can understand the rationale as to why he did but like someone
being represented by an attorney once said:
"*How Is This Even Legal?*"* Someone please explain.*

Hegel Laurent, ESQ.
*Laurent Law Office, P.L.*
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On Thu, Apr 2, 2020 at 11:09 PM Scott Frank <sfrank at saflaw.com> wrote:

> Correction – the tolling on evictions is clearly limited to residential.
> Not so with foreclosures.
>
>
>
>
>
> *Scott A. Frank*
>
> Attorney at Law
>
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> *LAW OFFICES OF SCOTT A. FRANK, P.A.*
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>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Scott Frank
> *Sent:* Thursday, April 2, 2020 10:57 PM
> *To:* 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Emergency Order Suspending Evictions
>
>
>
> I had the same question Lloyd.  Reviewing the recitals, it appears clear
> that the intent is to give relief to residential tenants and borrowers.
> However, the operative language of the Order does not restrict the tolling
> of either evictions or foreclosure to residential only.
>
>
>
> No political statement here – just an observation of what happens when one
> rushes legislation (or quasi-legislation as the case may be) without fully
> vetting it.
>
>
>
> These are certainly interesting times.
>
>
>
>
>
> *Scott A. Frank*
>
> Attorney at Law
>
>
>
> *LAW OFFICES OF SCOTT A. FRANK, P.A.*
>
> 3201 W. Commercial Boulevard, Suite 218
>
> Fort Lauderdale, Florida 33309
>
> p:  (561) 826-5400
>
> f:  (561) 423-5721
>
> sfrank at saflaw.com
>
>
>
>
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> transaction or matter addressed herein.*
>
>
>
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Lloyd Granet
> *Sent:* Thursday, April 2, 2020 9:50 PM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Emergency Order Suspending Evictions
>
>
>
> I do not see anything limiting this to residential only. Does anyone know
> if this is intended to cover commercial as well?
>
> Sent from my iPhone
>
>
>
> On Apr 2, 2020, at 8:45 PM, Deborah Marks <deborahmarkslaw at gmail.com>
> wrote:
>
>  That appears to be what it means- even if the tenant is still fully
> employed- but It does not mean one cannot declare a default of the contract
> and demand possession. Just means the courts can’t compel it which was
> already the case in south Florida by virtue of court refusal to file and/or
> process
>
> Sent from my iPhone
>
>
>
> On Apr 2, 2020, at 8:29 PM, Kristopher Fernandez <
> KFernandez at kfernandezlaw.com> wrote:
>
> 
>
> But what does it mean to “suspend and toll any statute providing for a
> mortgage foreclosure cause of action or for an eviction cause of action”?
>
>
>
> You file a mortgage foreclosure and an eviction lawsuit under the written
> agreement.
>
>
>
> Does this mean that a private lender or private landlord cannot file a
> foreclosure or eviction lawsuit for 45 days due to non-payment?
>
>
>
>
>
>
>
> Kristopher E. Fernandez, Esquire
>
> Florida Bar Board Certified Real Estate Attorney
>
> 114 S. Fremont Avenue
>
> Tampa, FL  33606
>
> (813) 832-6340
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> (813) 601-3257 (after hours)
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Arthur J. Menor
> *Sent:* Thursday, April 2, 2020 8:07 PM
> *To:* 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> *Subject:* Re: [RPPTL LandTen] Emergency Order Suspending Evictions
>
>
>
> Here is the Order.
>
>
>
>
>
> <image001.jpg>
>
>
>
> *Arthur J. Menor*
> *Partner, Board Certified in Real Estate Law*
> *Fellow, American College of Real Estate Lawyers*
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> *From:* landten-bounces at lists.flabarrpptl.org [
> mailto:landten-bounces at lists.flabarrpptl.org
> <landten-bounces at lists.flabarrpptl.org>] *On Behalf Of *Sancha Whynot
> *Sent:* Thursday, April 02, 2020 7:44 PM
> *To:* RPPTL Landlord Tenant Committee
> *Subject:* Re: [RPPTL LandTen] Emergency Order Suspending Evictions
>
>
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> As of 7:30 pm, it is still not posted on his website.  But here is the
> link…  https://www.flgov.com/2020-executive-orders/
>
> You’ll likely need to refresh the page…
>
>
>
>
>
>
>
>
>
> Sancha Brennan
>
> Sancha Brennan
>
> The Brennan Law Firm
>
> 738 Rugby Street
>
> Orlando, Florida 32804
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Alberto Cardet
> *Sent:* Thursday, April 02, 2020 5:52 PM
> *To:* RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
> *Subject:* [RPPTL LandTen] Emergency Order Suspending Evictions
>
>
>
> Governor Desantis announced he signed an Order suspending evictions for 45
> days.  Has anyone seen the Order?
>
>
>
> Albert
>
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> Cardet Law, P.A.
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> 1330 Coral Way #301
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