[RPPTL Leasing Committee] 83.5615 Protecting Tenants at Foreclosure Act

Mon Jul 19 07:12:47 PDT 2021

Hi Kristopher,

I've handled many of these going all the way back to the 2008 mortgage crisis.  It's virtually impossible to prove them wrong because your client generally would have no information or evidence to refute their version of the facts.  And of course, the prior owner is unlikely to be available or cooperate with you.   I always just go the 90 Notice route because you can get a WOP against squatters, renters, prior owners, and everything in between, so the typical Foreclosure WOP works for every situation.  And by the way, you don't have to wait 90 days to file your Motion for WOP.

I generally serve the 90 day notice as soon as the client received the Certificate of Sale.  Wait for the Certificate of Title to be issued, then file the Motion for WOP, get a hearing within 15-30 more days, then the Judge will often give them 30 more, so you end up with possession right at about the 90 day mark.  Losing valuable time is basically just part of buying a foreclosure.  Of course, you can always argue for immediate possession at the hearing and depending on the Judge, might get possession sooner.

I think Unlawful Detainer is only the appropriate remedy after purchasing a Tax Deed, not a Foreclosure.

Cary Sabol
Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416

Office: (561) 413-4449
Cell:     (561) 281-2744
Fax:     (888) 316-2881
Email: CSABOL at SABOLLAW.COM<mailto:CSABOL at SABOLLAW.COM>

BEWARE OF CYBER-CRIME: IF YOU RECEIVE AN E-MAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE THAT CONTAINS NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS SELDOM CHANGE.  ALWAYS CALL TO VERBALLY CONFIRM OUR WIRE INSTRUCTIONS PRIOR TO SENDING ANY WIRE TRANSFERS.

PLEASE NOTE:  On Closings with a Loan, we require "CLOSING INSTRUCTIONS and LOAN PACKAGES" by NOON the day BEFORE Closing"
CASH TO CLOSE for real estate transactions must be WIRED to our account prior to closing. (SAME DAY WIRE - NO ACH TRANSFERS) Wire instructions will be provided upon request. ACH transfers are NOT SAME DAY wires and cannot be accepted.

THIS COMMUNICATION MAY BE AN ATTEMPT TO COLLECT A DEBT AS DEFINED BY FLORIDA AND FEDERAL LAW AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

________________________________
From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org>
Sent: Monday, July 19, 2021 10:02 AM
To: landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] 83.5615 Protecting Tenants at Foreclosure Act

My client (a private investor) purchased property at the mortgage foreclosure sale.  There are occupants in the property other than the owner.  My client, who purchased the property at the mortgage foreclosure sale, told me they squatters.  Sao, I filed an unlawful detainer action.

The occupants filed an answer stating they are tenants of the prior owner who was the subject of the foreclosure sale and they are covered by the Florida Protecting Tenants at Foreclosure Act..

I don’t know what they are, other than their assertion.  So, I either go ahead and give them the 90 day notice that is required by the F.S., or I proceed with the unlawful detainer.  If I don’t give them the 90 day notice now and they are tenants, then I’ve lost valuable time.

If I simply go ahead and give them the 90 notice now and they aren’t tenants, then I’ve wasted my client’s time.

In the meantime, they aren’t [paying rent to my client and I doubt they are paying rent to the prior owner.

Anyone have any suggestions?

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)

NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you received the message in error and then delete it. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20210719/7d7efb31/attachment-0001.html>