[RPPTL LandTen] FW: Bills filed
Attached is a draft Bill received. Please provide any comments that
you might have asap.
You may also direct any comments to Subcommittee Chair, Scott Frank.
thanks.
Neil B. Shoter
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
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http://www.shutts.com/
From: Arthur J. Menor
Sent: Tuesday, February 17, 2009 6:25 PM
To: Neil B. Shoter
Subject: FW: Bills filed
From: Michael J. Gelfand
[mailto:mjgelfand@gelfandarpe.com]
Sent: Monday, February 16, 2009 3:12 AM
To: Arthur J. Menor
Subject: FW: Bills filed
Dear Art
Please advise me of your committee's position on the
attached. Thanks.
Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
Civil Circuit Court & Civil County Court
Gelfand & Arpe, P.A. <http://www.gelfandarpe.com/>
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224
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P Please consider the environment before printing this
From: Fields, Alan B [mailto:abfields@firstam.com]
Sent: Saturday, February 14, 2009 4:34 PM
To: bfelcoski@gfsestatelaw.com; Bruton, Burt; Melissa
Murphy; Michael J. Gelfand; Nash Charlie; Neukamm, John; Sandra Fascell
Diamond
Subject: FW: Bills filed
HB 875 SB 1038 Notice of Tenants to Mortgagee. (H.
Jones S. Joyner)
Requires all landlords to give mortgagee (not current
mortgage holder, not servicer) notice of all tenants on the property and
to update them within 14 days following a change.
Expressly makes the tenant a party to a mortgage
foreclosure, which is probably not a change from current law.
Upon receipt of notice of a foreclosure, Landlord must
pay rental deposit money into court registry within 14 days.
Delays possession by Certificate of Title holder for at
least 60 days after written notice of the sale and desire to take
possession.
Imposes additional duty on landlord or landlord's agent
to disclose a foreclosure or "problems" that, "may cause the premises to
be subject to a foreclosure proceeding." This requirement may conflict
with duty of Realtor confidentiality under 475.278 and the duties of
other fiduciaries.
Alan B. Fields
Florida State Counsel
First American Title Insurance Company
7360 Bryan Dairy Road, Suite 200
Largo, FL 33777
727-549-3243
877-798-7058
Cell: 727-773-6664
Fax 727-549-3481
abfields@firstam.com
CONFIDENTIALITY: Unless expressly stated otherwise, this
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From: Gary Sumner [mailto:gsumner@manglaw.com]
Sent: Friday, February 13, 2009 10:18 AM
To: Brown, Julie; Fields, Alan B; McCall, Alan; Chris
Dudley; Doug Mang; LaJoie, John
Subject: Bills filed
Please see attached bills for review and comment.
Sincerely,
Gary Sumner
Mang Law Firm, P.A.
660 E. Jefferson Street
Tallahassee, FL 32301
(850) 222-7710
gsumner@manglaw.com
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email reply. Thank you.
Perhaps the proposed legislation that was sent on 1/16 can be combined into
this bill. A few questions: 1) what happens if the mortgagee is not the
servicer? 2) what happens if the Note and Mortgage have been sold or
assigned several times, does the Landlord have the duty to update title
every time it gets a new tenant or amends the lease? 3) What happens if
there is no written lease agreement but a month to month agreement?
If the Lender/Mortgagee wants to protect its rights it should have the
affirmative duty at closing or any other time to notify the Landlord that it
wants this type notice and a continuing duty to provide where that notice
goes. This notice requirement is a real burden on the Landlord, however the
way it is written there is no guarantee it will be effective.
The proposed 1/16 legislation states that the tenant is required to continue
to make rent payments - to whom? To the landlord who is being forclosed and
not making any payments anyway? This could be a real wind fall to the
Landlord. Why should a tenant enrich a landlord who is creating problems
for that tenant? Arlene
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Arlene C. Udick, Esq. @ The Villages
P.O. Box 2094
Lady Lake, Fl 32158-2094
(o) 352-391-1888
(f) 352-391-9128
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Arlene@udicklaw.com of this inadvertent mis-delivery. Thank you.
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, February 18, 2009 9:50 AM
To: landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] FW: Bills filed
Attached is a draft Bill received. Please provide any comments that you
might have asap.
You may also direct any comments to Subcommittee Chair, Scott Frank.
thanks.
Neil B. Shoter
Partner
Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
mailto:NShoter@shutts.com E-Mail |
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> Biography |
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b-af4
b-a56f3cb8a441/Neil_B_Shoter.cfm/> V-Card | http://www.shutts.com/
Website
From: Arthur J. Menor
Sent: Tuesday, February 17, 2009 6:25 PM
To: Neil B. Shoter
Subject: FW: Bills filed
From: Michael J. Gelfand [mailto:mjgelfand@gelfandarpe.com]
Sent: Monday, February 16, 2009 3:12 AM
To: Arthur J. Menor
Subject: FW: Bills filed
Dear Art
Please advise me of your committee's position on the attached. Thanks.
Michael J. Gelfand
Florida Bar Board Certified Real Estate Attorney
Florida Supreme Court Certified Mediator:
Civil Circuit Court & Civil County Court
Gelfand http://www.gelfandarpe.com/ & Arpe, P.A.
"Assisting Communities to Efficiently Reach Goals"
Regions Financial Tower, Suite 1220
1555 Palm Beach Lakes Blvd.
West Palm Beach Florida 33401
(561) 655-6224
This communication/transmission is intended only for the use of the
addressee(s) named above and may contain information that is privileged and
confidential. Access to this e-mail by anyone else is unauthorized. If you
are not the intended recipient, you are hereby notified that any
dissemination, distribution, use or copying of this communication is
strictly prohibited. If you received this transmission in error, please
immediately alert the sender by reply e-mail and permanently delete and
destroy this message and any attachments. To reply to our e-mail
administrator directly, please send an e-mail to ga@gelfandarpe.com.
Nothing contained in this message (including any attachments) shall
constitute a contract or electronic signature under the Electronic
Signatures in Global and National Commerce Act, any version of the Uniform
Electronic Transactions Act or any other statute governing electronic
transactions. This e-mail does not provide an opinion, nor without a fee
agreement signed by the firm does this confirm representation or counsel.
IRS Circular 230 Notice: To ensure compliance with the requirements imposed
by the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and may not be used, for the purpose of (i) avoiding penalties under
the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
P Please consider the environment before printing this e-mail
From: Fields, Alan B [mailto:abfields@firstam.com]
Sent: Saturday, February 14, 2009 4:34 PM
To: bfelcoski@gfsestatelaw.com; Bruton, Burt; Melissa Murphy; Michael J.
Gelfand; Nash Charlie; Neukamm, John; Sandra Fascell Diamond
Subject: FW: Bills filed
HB 875 SB 1038 Notice of Tenants to Mortgagee. (H. Jones S. Joyner)
Requires all landlords to give mortgagee (not current mortgage holder, not
servicer) notice of all tenants on the property and to update them within 14
days following a change.
Expressly makes the tenant a party to a mortgage foreclosure, which is
probably not a change from current law.
Upon receipt of notice of a foreclosure, Landlord must pay rental deposit
money into court registry within 14 days.
Delays possession by Certificate of Title holder for at least 60 days after
written notice of the sale and desire to take possession.
Imposes additional duty on landlord or landlord's agent to disclose a
foreclosure or "problems" that, "may cause the premises to be subject to a
foreclosure proceeding." This requirement may conflict with duty of Realtor
confidentiality under 475.278 and the duties of other fiduciaries.
Alan B. Fields
Florida State Counsel
First American Title Insurance Company
7360 Bryan Dairy Road, Suite 200
Largo, FL 33777
727-549-3243
877-798-7058
Cell: 727-773-6664
Fax 727-549-3481
CONFIDENTIALITY: Unless expressly stated otherwise, this message is
confidential and may be privileged. It is intended for the addressee(s)
only. Access to this e-mail by anyone else is unauthorized. If you are not
an addressee, any disclosure or copying of the contents of this e-mail or
any action taken in reliance on it is unauthorized and may be unlawful. If
you are not an addressee, please inform the sender immediately.
Internal Revenue Service regulations require that certain types of written
advice include a disclaimer. To the extent the preceding message contains
advice relating to a Federal tax issue, unless expressly stated otherwise
the advice is not intended or written to be used, and it cannot be used by
the recipient or any other taxpayer, for the purpose of avoiding Federal tax
penalties, and was not written to support the promotion or marketing of any
transaction or matter discussed herein.
From: Gary Sumner [mailto:gsumner@manglaw.com]
Sent: Friday, February 13, 2009 10:18 AM
To: Brown, Julie; Fields, Alan B; McCall, Alan; Chris Dudley; Doug Mang;
LaJoie, John
Subject: Bills filed
Please see attached bills for review and comment.
Sincerely,
Gary Sumner
Mang Law Firm, P.A.
660 E. Jefferson Street
Tallahassee, FL 32301
(850) 222-7710
This message may contain confidential or proprietary information intended
only for the use of the
addressee(s) named above or may contain information that is legally
privileged. If you are
not the intended addressee, or the person responsible for delivering it to
the intended addressee,
you are hereby notified that reading, disseminating, distributing or copying
this message is strictly
prohibited. If you have received this message by mistake, please immediately
notify us by
replying to the message and delete the original message and any copies
immediately thereafter.
Thank you.
FACLD
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.
The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.