[RPPTL LandTen] Emergency Order Suspending Evictions
Governor Desantis announced he signed an Order suspending evictions for 45
days. Has anyone seen the Order?
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
Attached is the order
*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 Apr 2, 2020 7:45 PM, Sancha Whynot sbwhynot@thebrennanlawfirm.com wrote:
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
Here is the Order.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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
(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.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Emergency Order Suspending Evictions
Here is the Order.
[cid:image003.jpg@01D51FA2.FDE2A630]
Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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@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
(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.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@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
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mail | Biography | V-Card | Website
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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@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@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
(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.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@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
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mailmailto:AMenor@shutts.com | Biography http://www.shutts.com/lawyer/arthur-j-menor | V-Cardhttp://www.shutts.com/index.php?vcard&id=895 | Websitehttp://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.orgmailto:landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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
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@saflaw.com mailto:sfrank@saflaw.com
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Lloyd Granet
Sent: Thursday, April 2, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee landten@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@gmail.com mailto:deborahmarkslaw@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@kfernandezlaw.com mailto:KFernandez@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
(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.
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@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
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
mailto:AMenor@shutts.com E-Mail | http://www.shutts.com/lawyer/arthur-j-menor Biography | http://www.shutts.com/index.php?vcard&id=895 V-Card | http://www.shutts.com Website
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
Correction – the tolling on evictions is clearly limited to residential. Not so with foreclosures.
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@saflaw.com mailto:sfrank@saflaw.com
If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.
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From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Scott Frank
Sent: Thursday, April 2, 2020 10:57 PM
To: 'RPPTL Landlord Tenant Committee' landten@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@saflaw.com mailto:sfrank@saflaw.com
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From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Lloyd Granet
Sent: Thursday, April 2, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@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@gmail.com mailto:deborahmarkslaw@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@kfernandezlaw.com mailto:KFernandez@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
(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.
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org mailto:landten@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
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
mailto:AMenor@shutts.com E-Mail | http://www.shutts.com/lawyer/arthur-j-menor Biography | http://www.shutts.com/index.php?vcard&id=895 V-Card | http://www.shutts.com Website
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system. Do not respond, click any links or open any attachments unless you trust the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org > On Behalf Of Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org mailto:landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
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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.
930 South State Road 7
Plantation, FL 33317
Phone: 786. 453. 7198 // Fax: 786.233.6169
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On Thu, Apr 2, 2020 at 11:09 PM Scott Frank sfrank@saflaw.com wrote:
Correction – the tolling on evictions is clearly limited to residential.
Not so with foreclosures.
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
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.Pursuant to Internal Revenue Service guidance, be
advised that any federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not intended or
written to be used and it cannot be used by any person or entity for the
purpose of (i) avoiding any tax penalties that may be imposed by the
Internal Revenue Service or any other U.S. Federal taxing authority or
agency or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Scott Frank
Sent: Thursday, April 2, 2020 10:57 PM
To: 'RPPTL Landlord Tenant Committee' landten@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
If you believe that you have received this message in error, please
notify the sender by reply transmission and delete the message without
copying or disclosing it.Pursuant to Internal Revenue Service guidance, be
advised that any federal tax advice contained in this written or electronic
communication, including any attachments or enclosures, is not intended or
written to be used and it cannot be used by any person or entity for the
purpose of (i) avoiding any tax penalties that may be imposed by the
Internal Revenue Service or any other U.S. Federal taxing authority or
agency or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Lloyd Granet
Sent: Thursday, April 2, 2020 9:50 PM
To: RPPTL Landlord Tenant Committee landten@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@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@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
(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.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Arthur J. Menor
Sent: Thursday, April 2, 2020 8:07 PM
To: 'RPPTL Landlord Tenant Committee' landten@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
Shutts & Bowen LLP *
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm
Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mail AMenor@shutts.com | Biography
http://www.shutts.com/lawyer/arthur-j-menor|* V-Card
http://www.shutts.com/index.php?vcard&id=895 | Website
http://www.shutts.com
Please consider the environment before printing this email
From: landten-bounces@lists.flabarrpptl.org [
mailto:landten-bounces@lists.flabarrpptl.org
landten-bounces@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
EXTERNAL: This email originated from outside of the SHUTTS email system.
Do not respond, click any links or open any attachments unless you trust
the sender and know the content is safe.
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
Mailing Address:
Post Office Box 2706,
Orlando, Florida 32802-2706
(407) 893-7888 Telephone
(407) 893-9396 Facsimile
The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies
of the original message.
Tax Advice Disclosure: To ensure compliance with requirements imposed
by the IRS under Circular 230, we inform you that any U.S. federal tax
advice contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the
Internal Revenue Code or (2) promoting, marketing or recommending to
another party any matters addressed herein.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Alberto Cardet
Sent: Thursday, April 02, 2020 5:52 PM
To: RPPTL Landlord Tenant Committee landten@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
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
landten mailing list
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