Eviction Question
My client (landlord) sent a short notarized offer to sell to the tenant
who is interested in buying the property. the tenant typed on the top of
the page "Agreement For Deed" and also typed in the legal description. He
then recorded the document and now shows up on the
Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him out
of the property ASAP, therefore the eviction. I filed the eviction papers
in County Court, and the defendant's lawyer filed a Motion to Dismiss,
alleging he has an interest in the property and therefore cannot be
evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss
for Hearing? or another avenue? Thanks. Arlene
--
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
I would file a motion for default and set it, along with the motion to dismiss, for hearing. It sounds like the tenant’s attorney will argue that chapter 83 doesn’t apply and that the case should be brought as an ejectment under chapter 82.
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
783 South Orange Ave.
3rd Floor
Sarasota, FL 34236
(941) 556-9030
www.thebentleylawfirm.com
On Jul 21, 2021, at 8:02 AM, RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:
My client (landlord) sent a short notarized offer to sell to the tenant who is interested in buying the property. the tenant typed on the top of the page "Agreement For Deed" and also typed in the legal description. He then recorded the document and now shows up on the Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him out of the property ASAP, therefore the eviction. I filed the eviction papers in County Court, and the defendant's lawyer filed a Motion to Dismiss, alleging he has an interest in the property and therefore cannot be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss for Hearing? or another avenue? Thanks. Arlene
--
[cid:image001.png@01D487F4.97D07CA0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Arlene:
In Escambia County, when a tenant claims an interest in the property, our county judge transfers the case to circuit court for an ejectment action with leave to amend the complaint and a limited time to pay the circuit court filing fee. Looks like you are going to have to try title.
Chuck Hoskin
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.commailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
[cid:image001.png@01CE0382.09E1FC40][cid:image002.png@01D77E00.D8620040]
From: landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, July 21, 2021 6:58 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question
Notice: External
My client (landlord) sent a short notarized offer to sell to the tenant who is interested in buying the property. the tenant typed on the top of the page "Agreement For Deed" and also typed in the legal description. He then recorded the document and now shows up on the Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him out of the property ASAP, therefore the eviction. I filed the eviction papers in County Court, and the defendant's lawyer filed a Motion to Dismiss, alleging he has an interest in the property and therefore cannot be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss for Hearing? or another avenue? Thanks. Arlene
--
[cid:image001.png@01D487F4.97D07CA0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
I would move for final judgment but you should Take a look at Toledo v escamilla
*sent via mobile phone
Jordan Marcus Brill, Esq.
6421 Congress Ave., Suite 120
Boca Raton, FL 33487
(561)859-0679
jordan@glachmanbrill.com
www.glachmanbrill.com
The information contained in this email message is intended for review and use of the senders intended recipient and no other. Any recipient or reader of this email that is not an intended recipient or reader is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited; any wrongful dissemination or receipt shall not constitute a waiver of any privilege held by the sender or any intended recipient or client of the sender. If you have received this communication in error, please immediately notify us via email directed to jordan@glachmanbrill.com and by telephone to 561-859-0679, and destroy the original message and all copies thereof and related communications thereto. Thank you.
On Jul 21, 2021 8:00 AM, RPPTL Real Estate Leasing Committee landten@lists.flabarrpptl.org wrote:
My client (landlord) sent a short notarized offer to sell to the tenant who is interested in buying the property. the tenant typed on the top of the page "Agreement For Deed" and also typed in the legal description. He then recorded the document and now shows up on the Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him out of the property ASAP, therefore the eviction. I filed the eviction papers in County Court, and the defendant's lawyer filed a Motion to Dismiss, alleging he has an interest in the property and therefore cannot be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss for Hearing? or another avenue? Thanks. Arlene
--
[cid:image001.png@01D487F4.97D07CA0]
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
I would consider filing a circuit court action to expunge it from the
record and for damages under F.S. 817.535 and also file a police report
about their having modified a notarized document and recorded it which is a
felony under that section. I had a series of fraudulent deeds removed from
the official records entirely utilizing that statute a few years ago.
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com
On Wed, Jul 21, 2021 at 9:32 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
Arlene:
In Escambia County, when a tenant claims an interest in the property, our
county judge transfers the case to circuit court for an ejectment action
with leave to amend the complaint and a limited time to pay the circuit
court filing fee. Looks like you are going to have to try title.
Chuck Hoskin
This e-mail message and all attachments transmitted with it may contain
legally privileged and confidential information intended solely for the use
of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please
notify the sender immediately by telephone (850-433-6581) or by electronic
mail (choskin@esclaw.com) and then delete this message and all copies and
backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
[image: cid:image001.png@01CE0382.09E1FC40]
From: landten-bounces@lists.flabarrpptl.org *On Behalf Of *RPPTL Real
Estate Leasing Committee
Sent: Wednesday, July 21, 2021 6:58 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question
- Notice: External *
My client (landlord) sent a short notarized offer to sell to the tenant
who is interested in buying the property. the tenant typed on the top of
the page "Agreement For Deed" and also typed in the legal description. He
then recorded the document and now shows up on the
Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him
out of the property ASAP, therefore the eviction. I filed the eviction
papers in County Court, and the defendant's lawyer filed a Motion to
Dismiss, alleging he has an interest in the property and therefore cannot
be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss
for Hearing? or another avenue? Thanks. Arlene
--
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
I tried twice to file a Sheriff's Report and they would not accept it. The
deputy sheriff I spoke to each time kept telling me that it is a civil
matter and kept calling it a contract dispute between two parties. One
Deputy even suggested that my client was trying to back out of the contract
and that is civil. Any suggestions? Thanks. Arlene
On Wed, Jul 21, 2021 at 11:04 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
I would consider filing a circuit court action to expunge it from the
record and for damages under F.S. 817.535 and also file a police report
about their having modified a notarized document and recorded it which is a
felony under that section. I had a series of fraudulent deeds removed from
the official records entirely utilizing that statute a few years ago.
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.com
deborah@deborahmarks.law
synergy928@aol.com
On Wed, Jul 21, 2021 at 9:32 AM RPPTL Real Estate Leasing Committee <
landten@lists.flabarrpptl.org> wrote:
Arlene:
In Escambia County, when a tenant claims an interest in the property, our
county judge transfers the case to circuit court for an ejectment action
with leave to amend the complaint and a limited time to pay the circuit
court filing fee. Looks like you are going to have to try title.
Chuck Hoskin
This e-mail message and all attachments transmitted with it may contain
legally privileged and confidential information intended solely for the use
of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please
notify the sender immediately by telephone (850-433-6581) or by electronic
mail (choskin@esclaw.com) and then delete this message and all copies
and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
[image: cid:image001.png@01CE0382.09E1FC40]
From: landten-bounces@lists.flabarrpptl.org *On Behalf Of *RPPTL Real
Estate Leasing Committee
Sent: Wednesday, July 21, 2021 6:58 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: [RPPTL Leasing Committee] Eviction Question
- Notice: External *
My client (landlord) sent a short notarized offer to sell to the tenant
who is interested in buying the property. the tenant typed on the top of
the page "Agreement For Deed" and also typed in the legal description. He
then recorded the document and now shows up on the
Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him
out of the property ASAP, therefore the eviction. I filed the eviction
papers in County Court, and the defendant's lawyer filed a Motion to
Dismiss, alleging he has an interest in the property and therefore cannot
be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss
for Hearing? or another avenue? Thanks. Arlene
--
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Arlene,
In the 12th Circuit, our County Court Judges would first hold an evidentiary hearing to determine whether the case should proceed under Chapter 82 or Chapter 83 which would address the Motion to Dismiss issue. If the Judge determines it’s a Chapter 82 matter, I would ask for leave to amend the complaint and to transfer to Circuit Court. You can then include a slander of title count as well. Good luck!
[cid:image006.png@01D78D25.B81F89E0]
Amanda R. Kison, Esq.
Board Certified Business Litigation
Bentley Law Firm, P.A.
783 South Orange Ave.
Third Floor
Sarasota, Florida 34236
Main: (941) 556-9030
Fax: (941) 312-5316
akison@thebentleylawfirm.commailto:akison@thebentleylawfirm.com
www.thebentleylawfirm.comhttp://www.thebentleylawfirm.com/
[cid:image002.jpg@01D78D25.B8159ED0]
[Title: Facebook - Description: Facebook icon]http://www.facebook.com/bentleylawsarasota
Please note that Bentley Law Firm is taking precautionary measures to safeguard its personnel, clients, and guests due to concerns regarding COVID-19. As with Firm personnel, we are asking our guests to refrain from visiting Bentley Law Firm unless absolutely necessary. We will be available by email, Skype or telephone as usual.
We appreciate your understanding and cooperation and apologize for any inconvenience.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Tuesday, August 03, 2021 1:47 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Eviction Question
I tried twice to file a Sheriff's Report and they would not accept it. The deputy sheriff I spoke to each time kept telling me that it is a civil matter and kept calling it a contract dispute between two parties. One Deputy even suggested that my client was trying to back out of the contract and that is civil. Any suggestions? Thanks. Arlene
On Wed, Jul 21, 2021 at 11:04 AM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
I would consider filing a circuit court action to expunge it from the record and for damages under F.S. 817.535 and also file a police report about their having modified a notarized document and recorded it which is a felony under that section. I had a series of fraudulent deeds removed from the official records entirely utilizing that statute a few years ago.
Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw@gmail.commailto:deborahmarkslaw@gmail.com
deborah@deborahmarks.lawmailto:deborah@deborahmarks.law
synergy928@aol.commailto:synergy928@aol.com
On Wed, Jul 21, 2021 at 9:32 AM RPPTL Real Estate Leasing Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org> wrote:
Arlene:
In Escambia County, when a tenant claims an interest in the property, our county judge transfers the case to circuit court for an ejectment action with leave to amend the complaint and a limited time to pay the circuit court filing fee. Looks like you are going to have to try title.
Chuck Hoskin
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.commailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
[cid:image001.png@01CE0382.09E1FC40][cid:image005.png@01D78D25.B8159ED0]
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Wednesday, July 21, 2021 6:58 AM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Eviction Question
Notice: External
My client (landlord) sent a short notarized offer to sell to the tenant who is interested in buying the property. the tenant typed on the top of the page "Agreement For Deed" and also typed in the legal description. He then recorded the document and now shows up on the Property Appraiser's website..
We will be in Circuit Court to clear the title, but my client wants him out of the property ASAP, therefore the eviction. I filed the eviction papers in County Court, and the defendant's lawyer filed a Motion to Dismiss, alleging he has an interest in the property and therefore cannot be evicted. No rent has been paid into the Court.
Should I file a default against the tenant or set the Motion to Dismiss for Hearing? or another avenue? Thanks. Arlene
--
Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176
This office is closed on Fridays.
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
