#Florida writ of possession

[lawofficeofryansshipp]

Mastering Florida Property Possession: Understanding the Differences Between Chapter 83, Chapter 82, and Chapter 723

property possession lawyer Florida If you’re a landlord or property owner in Florida, one of the most stressful situations you can face is dealing with a tenant or occupant who refuses to leave. Getting possession of your property back quickly and efficiently is often crucial to minimizing losses and moving forward. The Florida eviction attorneys at Law Office of Ryan S. Shipp, PLLC, have your…

[alabamaprelawland-blog]

Decided In Retrial Or On Appeal?

By Christopher Alhorn, The University of Alabama in Huntsville Class of 2021

February 10, 2021

As the federal courthouse awaited the verdict, Gregory Greer knew was in trouble. The court was about to determine whether he was guilty of being a felon possessing a gun. Greer knew what jail was like. He had been convicted of felonies five times before. One time, he had been in jail for three years straight [1]. He had tried hard to stay out of jail this time. When the police had tried to search him, he had run away. He had managed to get far enough to hide his gun, but it had been useless. The police had uncovered everything anyway [1]. The jury walked in the courtroom. The verdict was announced. Greer was guilty. His punishment would be severe. The judge sentenced Greer to ten years in prison. Greer did not want to stay in prison for ten years more. He soon tried to find a way out of jail.

Greer first tried appealing his conviction by arguing that the law he had been convicted under in Title 18 of the United States Code was unconstitutional. Title 18 makes it illegal for any felon to have a firearm. Since the 1930s, the Supreme Court has consistently ruled the Constitution gives Congress the power to regulate economic activity “substantially” effecting interstate commerce, which is commerce between the states. Greer argued his trial had been unfair because the prosecutor was not required to prove Greer’s gun had a substantial impact on interstate commerce. The government pointed out that the gun he was accused of possessing had been made in Connecticut and shipped to New York before Greer was found with it in Florida. Thus, Greer’s weapon was directly related to interstate commerce. The Eleventh Circuit agreed with the government. The Eleventh Circuit ruled the jury had been right to convict Greer. Greer would stay in jail.

Fortunately for Greer, a new Supreme Court opinion opened up a new argument in 2019. A man named Mohamed Rehaif, who was in the United States illegally, rented a gun for half an hour. The FBI later accused Rehaif of illegally possessing a gun [2]. Rehaif was initially found guilty, but Rehaif appealed his sentence, arguing that he could not be convicted, because the government never proved he knew he was in the United States illegally. In a 7-2 decision, the Supreme Court ruled federal law requires that a person cannot be convicted of illegally possessing a gun until the government proves the person knew they were a felon or in the United States illegally [2].

The Supreme Court decision gave Greer a new line of argument. He appealed to the Supreme Court. Greer pointed out that the judge in his trial never told the jury that the government had to prove he knew he was a felon [3]. Instead of deciding the case, the Supreme Court sent the case back to the Eleventh Circuit. The Supreme Court ordered the Eleventh Circuit to reconsider the case in light of the Supreme Court’s new decision in Rehaif v. United States [3].

In the new case, Greer asked the Eleventh Circuit to reverse his conviction or give him a new trial, arguing that his first trial had been unfair. After reconsidering its earlier decision, the Eleventh Circuit came to the conclusion that Greer knew he was a felon when he was found with a gun originally [3]. He had been in jail on two occasions for more than a year. A sentence for longer than a year is the punishment for a felony. Thus, Greer would have known he was a felon when he was found with a gun in Florida.

Greer appealed to the Supreme Court once again, this time arguing that the Eleventh Circuit’s ruling was unfair. Greer insisted that the Eleventh Circuit was supposed to consider whether his very first trial had been fair, not whether he would have been convicted under the Supreme Court’s new rules [3]. The federal government responded by arguing that the Eleventh Circuit was allowed to review all the facts of the case. On January 8, 2021, the Supreme Court determined to hear the case [4].

The question Greer v. United States will decide is whether the Court of Appeals can consider whether a trial which may not have been fair would have come out the same way had the trial been conducted the way the defendant wanted. The government wants the Courts of Appeals to have this power because it would prevent more trials from being retried, thus potentially speeding up convictions. Defendants would prefer the opportunity for a second trial because a second trial would give them a better chance of being found innocent. As of early February 2021, the Supreme Court has not set a date for oral arguments [4]. When the Supreme Court does hear the oral arguments, it will have the opportunity to decide if reviewed cases can be decided on appeal or in a retrial. The decision will be important for defendants around the country.

______________________________________________________________

1. Skuthan, J. T. Collins, M. A. (2020, June 8). Petition for a writ of certiorari. https://www.supremecourt.gov/DocketPDF/19/19-8709/145239/20200609151700122_GregoryGreerPCert.pdf

2. Rehaif v. United States. (n.d.). Oyez. Retrieved February 8, 2021, from https://www.oyez.org/cases/2018/17-9560

3. Greer v. United States. (n.d.). Oyez. Retrieved February 8, 2021, from https://www.oyez.org/cases/2020/19-8709

4. SCOTUSblog. (n.d.).

Greer v. United States https://www.scotusblog.com/case-files/cases/greer-v-united-states/

[thisdaynews]

BREAKING:Dangote’s Ex-Girlfriend Evicted From U.S. Apartment For Owing Six Months’ Rent.

New Post has been published on https://thebiafrastar.com/breakingdangotes-ex-girlfriend-evicted-from-u-s-apartment-for-owing-six-months-rent/

BREAKING:Dangote’s Ex-Girlfriend Evicted From U.S. Apartment For Owing Six Months’ Rent.

In spite of being a sweetheart of Aliko Dangote, Africa’s most extravagant man, Autumn Spikes got expelled from her North Miami loft in Florida, U.S., in the wake of accumulating unpaid lease for a half year in 2020, PREMIUM TIMES has discovered.

Ms Spikes and Mr Dangote dated furtively for almost 10 years as of not long ago when the business tycoon said a final farewell to her and along these lines sued her in a court in Florida for supposedly attempting to blackmail $5million from him. Yet, while the undertaking was going on fine the majority of a year ago, Ms Spikes was wrestling with aggregated lease unpaid debts of $13,230 for the long periods of March to August 2020, court archives got by PREMIUM TIMES have appeared.

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The landowner of the property, The Shoreline at SoleMia, 2301 Laguna Circle, North Miami, Florida, given Ms Spikes with a 30-day ‘Pay or Vacate’ notice on August 5. Ms Spikes neither paid the obligation nor abandoned her loft number 1708. After the termination of the 30-day notice, the landowner, on September 19, 2020, recorded an expulsion suit against her at a Miami Dade County court, in Florida, a similar court where Mr Dangote would later sue her in January.

PREMIUM TIMES on Thursday got the objection, notice of obligation, the rent and different records documented as shows by Ms Spikes’ landowner in the suit that is presently shut. The landowner’s protest in the ousting suit peruses to some extent, “Offended party possesses or is the lessor of the genuine property, the premises: “The Shoreline at SoleMia, 2301 Laguna Circle Apt 1708, North Miami, FL 33181.

“Inhabitant holds ownership of the premises under a composed rent requiring rent of $2,215.00 every month to be paid the first of every month. “A duplicate of important bits of the rent is connected hereto and joined thus as offended party’s Exhibit A. “Inhabitant neglected to pay lease for March, April, May, June, July and August.

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“Occupant owes offended party lease the months expressed in section 6 in this in the absolute amount of $13,230.00 “Offended party served inhabitant notice to pay or clear the premises on August 5, 2020 as demonstrated by duplicate or duplicates of the notice(s) appended here to and consolidated thus as offended party’s Exhibit (s) B, however occupant won’t do by the same token.

“As per Fla. Detail. (Florida Statutes) Section 83.60(2), if occupant neglects to store the amount of $13,230.00 in the court vault, in addition to lease which accumulated during the pendency of this activity, at that point offended party is qualified for a default judgment for evacuation of inhabitant and to recuperate a judgment for lease due and owing expenses as per Fla. Detail. Segments 83.59 and 83.625.

“Disappointment of inhabitant to pay lease as due made offended party hold undersigned advise and bring about sensible lawyer’s charges and expenses, which occupant should pay as per Flat. Detail. Sec 83.48 and the rent. “Wherefore, offended party requests judgment for ownership of the premises, lease, due, court expenses and lawyer’s charges against the respondent and other accessible cures as per Fla. Detail. Area 83.625 and for such other alleviation this court considers just and appropriate.”

Ms Spikes sequentially inaccessible

Ms Spikes’ steady nonappearance from the condo could be gathered from the sworn statements of bombed administration removed to by court officials all through the time frame the suit endured.

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The time of her collected lease and the court activity agreed with the bleak time of COVID-19 and orderly limitations a year ago. All endeavors to have Ms Spikes by and by presented with the archives gave at each phase of the suit fizzled. For example, the court’s cycle worker made two bombed endeavors to serve Ms Spikes with the ‘Private Eviction Summons’ and the property manager’s objection on Ms Spikes on September 23and 24.

In an affirmation of ‘Return of Service’, an interaction worker said after the two endeavored administration, she needed to “post by joining the genuine duplicate” of the records “to an obvious spot of the property” near Ms Spikes’ home.

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As there was no reaction from Ms Spikes, the landowner on October 10, recorded a movement for default judgment, a solicitation for the court to convey its decision dependent on the offended party’s cases alone. On October 21, the court conveyed a default judgment for the offended party.

The court, on October 24, given a ‘Writ of Possession’ directing the Sheriffs of the court “to eliminate all people” from the condo and reestablish ownership of the loft to the offended party “following 24 hours notice prominently glued on the premises.” But the Sheriffs said an endeavor to serve Ms Spikes with the writ of ownership fizzled.

Ms Spikes stops out

Nonetheless, on October 30, 2020, the landowner’s attorney composed the Sheriff Department applying for the dropping of the writ of ownership in light of the fact that “occupant cleared.” External perspective on the North Miami house

Ms Spikes didn’t record any reaction in the suit when the suit was proclaimed shut by the court.

Among Spikes and Dangote

Mr Dangote is right now involved in a fight in court with Ms Spikes following an argument about the financial terms of a Non-Disclosure Agreement (NDA) requested by Africa’s most affluent man subsequent to saying a final farewell to her previous sweetheart.

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Mr Dangote recorded the slander suit on January 20 around 19 days after Ms Spikes posted a video cut through a January 1 Instagram post indicating her situated adjacent to the Nigerian finance manager with a piece of his rump uncovered to watchers.

He affirmed in his suit that Ms Spikes took steps to dispatch “an invasion” of uncovering his “family and private” and web-based media and media television shows in the event that he neglected to pay her $5million.

Ms Spikes, in an Instagram post, denied giving such dangers even as she said she had dismissed $15,000 and $2,500 “insultingly” offered her by Mr Dangote in return for a NDA over their undertaking.

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PREMIUM TIMES revealed that Mr Dangote, through his U.S based legal advisors, as of late applied to the Miami-Dade County court where he documented his defamation suit, to give a gag request against Ms Spikes.The court has probably fixed February 9 for the becoming aware of Mr Dangote’s starter petitio

[gettingagriponthings]

Encryption Deja Vu All Over Again

Bill Barr, the Trump appointed Attorney General of the United States, issued a statement last week, demanding that Apple Inc. (formerly Apple Computer, Inc., formerly Apple Computer Company) assist the Department of Justice in decrypting two iPhones (an iPhone 5 and an iPhone 7). These particular phones are of great interest to the United States government because of who owned them. The phones were owned by a Saudi Arabian flight student who was participating in a long established training program between his county and the United States before his death. Last month, he killed three people on a US Naval Air installation in Pensacola, Florida. 

Apple says that they’re happy to help. They’ve already “provided information to the Department of Justice including iCloud backups, account information and transactional data for multiple accounts.” 

But to the Attorney General, to President Donald Trump, and to many others in the law enforcement community, the type of help that Apple is giving just isn’t good enough. 

We are helping Apple all of the time on TRADE and so many other issues, and yet they refuse to unlock phones used by killers, drug dealers and other violent criminal elements. They will have to step up to the plate and help our great Country, NOW! MAKE AMERICA GREAT AGAIN.

— Donald J. Trump (@realDonaldTrump) January 14, 2020

Barr said that Apple has yet to provide any “substantive assistance,” at all. What he really wants is for Apple to break into the phones on behalf of the federal government, specifically by means of creating a “backdoor.” 

“We have asked Apple for their help in unlocking the shooter’s iPhones.  So far Apple has not given us any substantive assistance.  This situation perfectly illustrates why it is critical that investigators be able to get access to digital evidence once they have obtained a court order based on probable cause.  We call on Apple and other technology companies to help us find a solution so that we can better protect the lives of Americans and prevent future attacks.” - AG Bill Barr

Barr knows that Apple is not going to willingly give the type of “substantive assistance” that he really wants. What he appears to be doing is setting the stage for a long and important legal battle over the nature of data security, national security, privacy, and encryption. 

Tragedy in San Bernardino

This is not a new fight. Four years ago, the news was filled with details about an eerily similar battle between Apple and the FBI. The government was trying to gain access to an iPhone 5C used by a terrorist pair who killed 14 people, and seriously wounded 22 others, in San Bernardino, California on December 2, 2015.

The Federal Bureau of Investigation gained possession of the terrorist’s phone and was granted a warrant from a federal judge that allowed its agents to access its contents. After uncovering a small amount of information, they realized that the iPhone was an encrypted device and they didn’t have the ability to unlock it without the owner’s passcode (the owner had been killed in a shootout with law enforcement hours after the December attack). The government would need Apple’s help to extract the encrypted data.

Representatives of the federal government met with Apple CEO Tim Cook in an effort to persuade the company - at the time, the most valuable in the world - to help them unlock the terrorist’s iPhone. Apple supplied the government with what it could, including data - contacts, photos, video, email, etc - that had been backed up to the associated iCloud account. Their ability to help then quickly ran out as they reached the end of their capability without having access to the secure data stored on the phone itself. 

Apple’s Encryption: Technology & Policy

Apple couldn’t simply open the phone up for the feds to peek inside. They use a complex suite of secure processes to keep the massive number of iPhones in the world (possibly more than 700,000,000) as safe as possible. 

Beginning in 2014, with the new iOS 8, Apple stepped up their encryption game, making it exceedingly hard for law enforcement officials - and most importantly, bad guys the world over - to gain access to an iPhone without the user’s permission. Since the iPhone 3GS Apple has used some level of standard encryption on their devices. iOS 8 took on-device security significantly further and encrypted just about all of the important information on the phone including:

The Mail app (including attachments), managed books, app launch images, and location data are also stored encrypted with keys protected by the user’s passcode on their device. Calendar (excluding attachments), Contacts, reminders, Notes, Messages, Photos, and Health ancillary data implement Protected Until First User Authentication.

User-installed apps that do not opt-in to a specific Data Protection class receive Protected Until First User Authentication by default.

(from Apple iOS Security Guide, September 2014)

And in 2013, before the additional software encryption iOS 8, Apple started rolling out devices with a new A7 processor. The new chip added significant hardware protections, including a separate processor, solely used for the iPhone’s cryptographic operations, called the Secure Enclave.

Normal password protection works by taking a simple passcode, entered by the user, then applying a key derivation function (KDF - a special math problem used to in cryptography to create a secret code) to it, along with a little salt (some random data) sprinkled on top. This mixture yields a new, hopefully unique, and hard to break (depending on the strength of the password selected), encryption key. 

To increase protection, Apple chose not to include a normal KDF, but instead included, on each device, a unique 256-bit secret UID (Unique ID) that is stored physically on the phone in the Secure Enclave. Apple doesn’t keep a copy of the UID on file digitally or at Apple headquarters, it can only be found on your phone, and can’t be identified from a distance using software. 

So, with the state-of-the-art consumer level encryption system in-tact (plus several other security features I won’t go too far into here, like a time gap between password attempts), and without having a user’s unique password readily at hand, even Apple couldn’t simply open up a phone for thorough inspection. In fact, it would likely take several years to break into an iPhone by brute force (simply trying all possible combinations). Apple’s 2014 privacy policy laid the idea out simply:

“Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data [...] So it’s not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8.”

And Apple’s CEO Tim Cook took an extra step in an open letter to users regarding the new features. He brought up the concept of a backdoor and made the company’s commitment to user privacy above all else, incontrovertible:

Finally, I want to be absolutely clear that we have never worked with any government agency from any country to create a backdoor in any of our products or services. We have also never allowed access to our servers. And we never will.

A Throwback to ‘89 (1789)

Talks after the San Bernardino massacre between Apple and the DOJ quickly broke down when Apple asserted their well established security principles. So the FBI asked Apple to figure out a way for them to get in anyway. They wanted Apple to create a ‘backdoor’ in the software that would let them access everything they wanted. Apple said no.

On February 16, of 2016 the Department of Justice (note: the FBI is a part of the DoJ) applied for, and was granted, a search warrant for a key to access the terrorist’s phone by Magistrate Judge Sheri Pym of the Federal District Court for the District of Central California. Some legal experts viewed this search warrant itself to be ground breaking and illegal. A search warrant is typically granted for a location where a crime was committed (no crime in this case took place at Apple HQ), or for specific evidence or materials related to a crime that may be stored in a given location. The “backdoor” key to the iPhone used in the December 2 attacks wasn’t located at Apple HQ, either. It wasn’t located anywhere. It did not exist. The search warrant granted to the DOJ would compel Apple to spend significant time and resources to create a brand new piece of software. 

The government based its argument on a piece of legislation originally signed into law by President George Washington in 1789 (though it has been slightly amended in the centuries since) called the All Writs Act. It states:

(a)The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

(b)An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.

The All Writs Act (AWA) essentially enables a court to compel individuals to act on the basis of a judicial command. AWA has a long history of use, but as time has moved forward, it’s been used more sparingly, and usually in times of significant import. It’s been successfully deployed in times of war, in conjunction with instances of torture and terrorism, for some investigations of particularly egregious crimes, and in one particularly relevant instance regarding a telecommunications company. In a 1977 court case (US v. New York Telephone Co.) the All Writs Act was used to compel a telephone company to help the FBI by giving “all information, facilities and technical assistance” necessary to get the job done. 

The 1977 application of AWA would seem at first blush to fit the Apple situation, but the difference between the two situations is significant. New York Telephone Co. only had to supply the FBI with some simple information and access a few phones in order to comply with their court order. Apple would have to devote significant time and resources to create a completely new operating system. The creation of which would directly violate their own, well established, corporate values. 

At virtually the same time in early 2016 that the battle over the phone in the San Bernardino case was getting rolling in California, a New York federal judge ruled against the government’s use of the All Writs Act in an attempt to unlock iPhones used in a drug case. This was not clear cut.

Apple Takes a Stand

On February 25, 2016 Apple filed its formal decision not to comply with the federal government. And again, Tim Cook took the opportunity to defend the company’s position with a boldly worded letter directly to their customers and to the world:

The implications of the government’s demands are chilling. If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data. The government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone’s microphone or camera without your knowledge.

Opposing this order is not something we take lightly. We feel we must speak up in the face of what we see as an overreach by the U.S. government.

We are challenging the FBI’s demands with the deepest respect for American democracy and a love of our country. We believe it would be in the best interest of everyone to step back and consider the implications.

While we believe the FBI’s intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect.

Both sides were firmly dug in and ready to go wherever the case took them. There were two conflicting judicial rulings (affirmative from Judge Pym of the Central District of California and negative from Judge Orenstein of the Eastern District of New York). Jim Comey, then head of the FBI, testified before Congress, expressing the need for a way around the “vicious guard dog” of encryption that Apple had set up. Apple engineers, who would be the ones tasked with actually creating the backdoor, threatened to protest or even quit if so ordered. This situation called for further deliberation. Maybe a ruling by the Supreme Court. Maybe even a brand new piece of legislation would be needed to settle the issue. The future of privacy and encryption was on the line.

A Breakthrough

Then the FBI hacked into the phone on their own and on March 28 dropped the case against Apple. 

To this day, the public is still not officially sure who helped the FBI open the iPhone 5C in question. There are rumors floating around about a few companies that could have done it, and Senator Diane Feinstein revealed that it cost $900,000 to get it done during a 2017 Judiciary Committee hearing. A steep price to get into a phone that ended up not yielding any valuable information. 

Conclusion

In 2016, when this battle was dominating the news and racing through the courts, I generally sided with the federal government. Like most people my age, I have a really strong memory of September 11 and am wary of anything that could enable tragedy like that to strike again. My father was a career military officer, and I’m not generally distrustful of law enforcement. Plus, it can be pretty hard to disagree with Obama, who (unsurprisingly) had one of the clearest, and most nuanced, articulations of the government’s side on the matter:

All of us value our privacy, and this is a society that is built on a Constitution and a Bill of Rights and a healthy skepticism about overreaching government power.  Before smartphones were invented, and to this day, if there is probable cause to think that you have abducted a child, or that you are engaging in a terrorist plot, or you are guilty of some serious crime, law enforcement can appear before your -- at your doorstep and say, we have a warrant to search your home, and they can go into your bedroom and into your bedroom doors and rifle through your underwear to see if there’s any evidence of wrongdoing.

And we agree on that, because we recognize that just like all of our other rights -- freedom of speech, freedom of religion, et cetera -- that there are going to be some constraints that we impose in order to make sure that we are safe, secure and living in a civilized society. [...]

And the question we now have to ask is, if technologically, it is possible to make an impenetrable device or system where the encryption is so strong that there’s no key, there’s no door at all, then how do we apprehend the child pornographer?  How do we solve or disrupt a terrorist plot?  What mechanisms do we have available to even do simple things like tax enforcement? [...]

And I've got a bunch of smart people sitting there, talking about it, thinking about it.  We have engaged the tech community aggressively to help solve this problem.  My conclusion so far is that you cannot take an absolutist view on this.  So if your argument is strong encryption, no matter what, and we can and should, in fact, create black boxes, then that I think does not strike the kind of balance that we have lived with for 200, 300 years.  And it's fetishizing our phones above every other value. And that can't be the right answer.

(from SXSW 2016)

With his words, President Obama gave a really sophisticated shoulder shrug and suggested that we keep working together to figure this out. I think this is basically right. But where I differ, personally, from him is in the realm of action. With the actions of his Department of Justice, Obama firmly indicated his preference for a backdoor to be created.

The answer on the question of strong encryption and the need for a law enforcement back door isn’t clear. Security vs. privacy is a constant game of trade-offs. And to me the potential ( arguably inevitable) loss of digital privacy (messaging, health, banking, etc.) that would result if the weapon of a backdoor got into the wrong hands - be they the hands of criminals, or the hands of an adversarial state actor - isn’t worth it. 

(This piece took a long time to research and write. I would be remiss if I didn’t shout out the the incredible resources I studied online from The New York Times, Harvard, Slate, and especially the technical legal and encryption writing from comex on Hacker News, Matthew Green, How-To Geek, Darth Null, LawFare, and Reason.)

[evictmyunwantedtenants]

Residential Evictions In Florida

Eviction Process in Florida

Each state varies in regulations for eviction process. In Florida, there are 4 steps needed to be followed for an eviction to be handled well.

Serving the Eviction Notice  (3-Dау, 7-Dау, or 15-Day)

Filing a Summons and Complaint

Going to Court (if contested)

Writ of Possession

What is an eviction notice?

There are different forms that need to be filled up for an eviction notice, depending on the circumstances presented by the landlord.

3 Day Notice – This form is applicable if tenant is being evicted for non-payment of rent.

7 Day Notice – This form is used when the tenant is being evicted for a lease violation such as unauthorized pets, criminal activity, etc. and other policies stated on the lease.

15 Day Notice – This form is used for tenants on a monthly lease, where the landlord decides to no longer have the rental property rented out.

What is the best way to serve an eviction notice?

In order for the eviction process to get started, the landlord must deliver the eviction notice to the tenant. Here are some tips to ensure this works:

The notice must be handwritten

The notice must be personally delivered and handed out to the tenant.

In cases where the tenant is not present at the premises, the eviction notice should be left at the residential property.

When leaving an eviction notice, the landlord must take a photo of where the eviction notice was posted or keep a copy of the notice, as this will serve as proof to the judge that indicates the eviction notice was in fact delivered.

The eviction notice period does not include Saturday, Sunday and legal holidays.

After the eviction notice period expires and the tenant is still in the residential premises, then the landlord must move on the next step and file a “lawsuit” with the County Clerk of Courts in the county where the property is located.

How is the Residential Summons & Complaint handled?

Filing the complaint means that the landlord is starting a formal lawsuit to evict the tenant legally. Here are some quick tips to get this done properly.

Upon arriving at the County Clerk’s office, the landlord should present copies of the Lease and copies of the Eviction Notice.

A Summons and Complaint form should then be filled out.

Once the form is filled out, the clerk will notarize the landlord’s signature and file the lawsuit.

Landlord should pay the filing fee. Call the Country Clerk ahead of time to find out how much the fee is.

After the lawsuit is filed, the clerk will also issue a “Summons” which will be delivered to the tenant to let them know they are being sued for eviction.

The Summons will be delivered by the Sheriff. However as recommended, the landlord can also pay for a Certified Process Server to have the Summons delivered. Either way will still cost some fees.

In cases where the tenant was not present upon delivery of the Summons and either the Sheriff nor the Certified Process Server was still unable to serve it, even after two (2) attempts,  then the Summons can be served to the tenant by posting it on the residential premises.

Going To Court

Once the tenant has been served the Summons, the tenant will have 5 business days, to file an answer in court.

Once an answer has been filed by the tenant in court, the judge has the right to schedule a hearing or a mediation to hear out both parties sides.

At the hearing, the landlord must plead his case and tell the judge why a judgement should be ruled in the landlord’s favor.

If a tenant fails to file an answer within the 5 day business period, the landlord will then be entitled to a default judgement.

The landlord may now file a Motion for Default with the County Clerk, which allows the judge to enter a Final Judgement for Possession in the landlord’s favor.

After this has been done, the landlord can proceed with getting a Writ of Possession.

Writ of Possession

After entry of the Final Judgement, the landlord can request a Writ of Possession from the County Clerk.

The Writ of Possession must be served by the Sheriff to the tenant.

The Sheriff must deliver it personally to the tenant or post it outside the residential premises.

After the tenant receives the Writ of Possession, the tenant must vacate the premises within 24 to 48 hours or else the Sheriff will physically remove them.

An eviction is never easy for both the landlord and the tenant.  For whatever reason, the tenant may have towards being unable to make payment on the rent as stipulated in the contract, still, the landlord is required to follow the eviction process in Florida.

[dailykhaleej]

iPhone crypto hid al-Qaida link to naval base capturing, AG fumes

Enlarge / Legal professional Normal William Barr at a press convention discussing the iPhone exhibiting al-Qaida ties to Mohammed Saeed Alshamrani, who’s suspected of killing three and wounding eight within the December 6, 2019, capturing on the Naval Air Station in Pensacola, Florida.

The US Division of Justice is utilizing a newly found al-Qaida terrorist plot as contemporary ammunition in its high-stakes combat in opposition to encryption in iPhones and different applied sciences.

Mohammed Saeed Alshamrani is suspected of finishing up the December 6 capturing that killed three folks and wounded eight others on the Naval Air Station in Pensacola, Florida. Though the FBI obtained a search warrant to study two iPhones he used, investigators have been unable to guess the passcodes wanted to decrypt the contents. Complicating issues, Alshamrani—a 21-year-old second lieutenant for the Saudi Air Drive who was coaching with the US navy on the time of the killings—fired a spherical into one of many telephones.

Declaring the capturing an act of terrorism, the FBI known as on Apple to assist defeat the encryption. Apple officers stated they turned over all information of their possession to investigators and would proceed to help them. US Legal professional Normal William Barr countered that Apple had offered no “substantive assistance” within the case.

The FBI on Monday stated that, after 4 months of painstaking work, investigators lastly unlocked the Apple gadgets. The contents, the FBI stated, revealed that Alshamrani hadn’t radicalized after coming to the USA however years earlier than that. Included within the unearthed information have been conversations with a recognized operative of AQAP, or al-Qaida within the Arabian Peninsula, and a will that defined his motivations for the killings. The AQAP later launched the identical doc in taking accountability for the assault.

The FBI and DOJ shortly accused Apple, claiming that its lack of assist value investigators beneficial time in establishing key details within the case.

“Because the crucial evidence on the killer’s phones was kept from us, we did all that investigating not knowing what we do now: valuable intelligence about what to ask, what to look for,” FBI Director Christopher Wray wrote on Twitter. “If we had, our round-the-clock, all-hands effort would have been a lot more productive.” He additionally stated, “Cybercrime, opioid trafficking, child sexual exploitation, you name it. Lack of lawful access affects every fight we’re in, and Americans need to understand that this isn’t just an issue for law enforcement.”

Wray: Cybercrime, opioid trafficking, youngster sexual exploitation, you title it. Lack of lawful entry impacts each combat we’re in, and People want to perceive that this is not simply a difficulty for legislation enforcement.

— FBI (@FBI) May 18, 2020

A social choice

At a press convention in Washington, DC, Barr reiterated that he has “seen no sign that Apple has moved the needle or is willing to try to move the needle” within the ongoing standoff. Though he has lengthy sounded such refrains, his language Monday was the strongest but.

Amongst different issues, he hinted at the potential for the US authorities utilizing its authorized authority to power concessions from expertise corporations. In response to a query from a Fox Information reporter who requested if there was any indication Apple would capitulate, Barr stated:

Companies steadily make merchandise that, if allowed out out there within the kind that the enterprise might optimally need, might create risks to public security. Usually, what we do in that circumstance is we do not go away the choice up to the enterprise in regards to the precise particulars and configuration of their merchandise if we really feel that it’s going to trigger hurt to the general public. That call isn’t left to the enterprise. It’s a social choice that’s made by our society, made by the general public, within the public curiosity. We see that with restrictions or limitations or required options which can be generally imposed on producers to make certain the general public isn’t put in peril. That is nothing new. That is what we usually do, however for some motive there are some tech corporations who really feel that they’re above that and that they, unilaterally, could make selections primarily based on their enterprise pursuits and whatever the risks posed to the general public and we can’t let that occur.

In an announcement, Apple officers wrote:

On this and plenty of 1000’s of different instances, we proceed to work around-the-clock with the FBI and different investigators who preserve People protected and produce criminals to justice. As a proud American firm, we take into account supporting legislation enforcement’s essential work our accountability. The false claims made about our firm are an excuse to weaken encryption and different safety measures that defend hundreds of thousands of customers and our nationwide safety.

It’s as a result of we take our accountability to nationwide safety so critically that we don’t consider within the creation of a backdoor—one which is able to make each machine weak to dangerous actors who threaten our nationwide safety and the info safety of our clients. There is no such thing as a such factor as a backdoor only for the nice guys, and the American folks do not need to select between weakening encryption and efficient investigations.

Clients rely on Apple to preserve their info safe and one of many methods by which we achieve this is through the use of sturdy encryption throughout our gadgets and servers. We promote the identical iPhone in every single place, we do not retailer clients’ passcodes and we do not have the capability to unlock passcode-protected gadgets. In information facilities, we deploy sturdy {hardware} and software program safety protections to preserve info protected and to guarantee there aren’t any backdoors into our programs. All of those practices apply equally to our operations in each nation on the planet.

The FBI went on to say that Alshamrani was “meticulous” in planning the capturing. Apart from the desire, the FBI stated he made pocket-cam movies of his classroom constructing. The information on the iPhones confirmed the cadet wasn’t “just coordinating with [AQAP] about planning and tactics—he was helping the organization make the most it could out of his murders. And he continued to confer with his AQAP associates right until the end, the very night before he started shooting.” In an announcement, Wray added:

We’re nonetheless exploiting the proof we have now obtained from al-Shamrani’s telephones. And we’re persevering with to run our investigation, now with the good thing about much more perception into the assassin’s thoughts and intentions, his relations with AQAP, and his ways.

Now we have extra to be taught. However we all know sufficient now to see al-Shamrani for what he was—a decided AQAP terrorist, who spent years getting ready to assault us.

The FBI offered few particulars about how investigators unlocked the iPhones besides to say that “FBI technical experts succeeded in accessing the phones’ contents.” Officers additionally stated the success wasn’t probably to carry over to new instances.

“Unfortunately, the technique that we developed is not a fix for our broader Apple problem—it’s of pretty limited application,” Wray stated in Monday’s assertion. “But it has made a huge difference in this investigation.”

Perennial combat

The federal authorities has battled expertise corporations over cryptography for the reason that mid-1990s, when sturdy encryption was labeled as a munition and officers toyed with the concept of placing a so-called Clipper chip in gadgets that will make backdoors accessible to legislation enforcement.

A brand new chapter on this combat started in 2016, when the FBI obtained a court docket order requiring Apple to assist unlock and decrypt the iPhone utilized by Syed Rizwan Farook, who killed 14 folks and injured 17 others in a 2015 capturing rampage in San Bernardino, California.

The FBI wished Apple to create a customized iOS firmware model that will bypass a safety that wipes an iPhone clear after 10 failed makes an attempt to enter a passcode. In court docket paperwork and congressional testimony, FBI officers stated that they had no different manner to entry the contents of the iPhone in order that investigators might decide if Farook and his spouse, who additionally participated and died within the capturing, acted in live performance with others to perform the lethal assault. The federal government invoked an 18th-century legislation known as the All Writs in in search of Apple’s help.

Apple vigorously resisted the FBI request. In a letter to Apple clients, firm CEO Tim Prepare dinner warned that after such a backdoor existed, it will pose a menace to all iPhone customers. Prepare dinner argued that if Apple was compelled to bypass the protections on the shooter’s iPhone, it will set a harmful precedent that will undermine the privateness and safety of individuals in every single place.

“The government suggests this tool could only be used once, on one phone,” he wrote. “But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices.”

The dispute ended six weeks after the federal government obtained the order when authorities attorneys dropped the case and reported that FBI investigators had decrypted Farook’s iPhone 5C and not wanted Apple’s assist. Then FBI Director James Comey later recommended that the company paid greater than $1.three million to an unnamed firm to crack the telephone’s encryption.

Defenders of sturdy encryption blasted the FBI on Monday.

“Every time there’s a traumatic event requiring investigation into digital devices, the Justice Department loudly claims that it needs backdoors to encryption, and then quietly announces it actually found a way to access information without threatening the security and privacy of the entire world,” the American Civil Liberties Union stated. “The boy who cried wolf has nothing on the agency that cried encryption.”

The heated debate has raged ever since then. The brand new revelations about Alshamrani’s ties to AQAP are probably to additional heighten the controversy.

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[cathrynstreich]

COVID-19: A Looming Eviction Bubble for Rentals? Flexibility Is Key in Prevention

With the outbreak of the coronavirus wreaking havoc across the nation and the globe, the real estate industry is scrambling to balance safety with business. This tension is probably the most acute within the rental markets where tenants are enduring economic hardships brought on by government-mandated stay-at-home orders.

Millions are out of work and can’t make rent, leaving landlords in a precarious position. Many are trying to be lenient and postponing payments, but many more simply cannot afford to be that generous. This leaves one controversial option: eviction.

Being forcibly removed from your home—especially amid a public health panic and economic hardship—is unthinkable for most people, and the exact opposite of what real estate professionals strive to do on a daily basis. From brokers and investors to appraisers and developers, the broader real estate community is all about putting people and families into homes. But this crisis is proving too massive for single entities to solve on their own.

The government, for its part, has deployed a robust stimulus package intended to boost taxpayers and, in some cases, curb evictions. The CARES Act does this by implementing a moratorium on evictions—as well as penalties and fees for nonpayment of rent—from all rental properties that, in any way, receive financial support from the federal government, including the following programs:

Housing Choice vouchers

Section 8 Project-Based Rental Assistance

Low-Income Housing Tax Credits

Mortgages secured by Fannie Mae, Freddie Mac, the Federal Housing Administration or U.S. Department of Veterans Affairs

The CARES Act protections will remain in place for 120 days starting on the date the measure was enacted, March 27, 2020. However, such properties make up less than a third of the entire U.S. rental market, according to national housing research center The Urban Institute. It estimates that about 31.5 million rental dwellings will not be covered by this program, potentially leaving all those tenants out in the cold.

“There are a large number of renters who are not protected as landlords have alternative finance options and/or the properties are owned free and clear of any mortgage encumbrance,” says Chris McDermott, a Jacksonville, Fla.-based broker and property manager for real estate investment company Jax Nurses Buy Houses.

Some states, including Florida, have issued temporary moratoriums on evictions—as well as foreclosures and writs of possession—but McDermott notes that once it expires in mid-May, those tenants who can’t make rent will likely face eviction.

“The renters can be evicted once the executive order deadline passes,” McDermott says. “Ideally, given these unprecedented times, we have to help others as human beings. No one expected this and it is easier to work together. Given that local courts will ideally be backlogged and the cost for eviction isn’t cheap, it is in the best interest of both parties to work out payment arrangements for rent.”

McDermott’s team buys properties to renovate and resell or hold in their portfolio of rental properties. A portion of their proceeds go to help pay for research and medical treatment in their local community. Lately, he said he’s been spending most of his time educating partners on the benefits and limits of the CARES Act.

Brian Davis, a landlord and co-founder at rental investment firm SparkRental.com, says that the problem with limiting eviction-protections to only those who live in federally-funded or -financed homes is that the programs—namely the securitization products—were not designed for these types of housing models.

“Government-backed mortgages were designed primarily for homeowners, not real estate investors,” says Davis. “So, many landlords have other types of loans, such as portfolio loans, private loans or commercial loans against their properties, which means the tenants aren’t protected from eviction, and the landlords aren’t protected from foreclosure.”

Another layer of the crisis to consider is the backlog in the bureaucracy. With so many local civil courts closed, there is a growing eviction bubble that’s likely to burst once the rent hearings are re-opened.

“No matter how you slice it, a lot of people are going to lose in the months to come,” Davis warns. “Tenants need to pay their rent, landlords need to pay their mortgages, lenders need to pay their investors, or else investors stop funding any loans whatsoever and possibly go under, taking large swaths of the economy with them. When one domino falls, it knocks down all the others.”

Davis’ advice is for tenants and landlords to work together and figure out payment arrangements on their own.

In New York City, the U.S. epicenter of the outbreak, brokers are addressing everything from tenants losing their jobs and rent reduction requests to investors, who’ve fled the city and don’t plant to return until the end of summer, says Louise Phillips Forbes, broker of The Louise Phillips Forbes Team with Halstead Real Estate in Manhattan.

“We are working case-by-case with each tenant and owner and adapting with a collaborating mindset and compassionate attitude,” Forbes sys. “We are all experiencing the aftershock and evolution of our New World.”

According to a National Association of REALTORS® flash survey, 24 percent of landlords and 47 percent of property managers reported being flexible with rent collections that are being slowed by COVID-19, and very few leases have been terminated.

“How we collaborate together, no matter who holds the leverage, is an opportunity to bridge all gaps and work together,” Forbes says. “It has been one of the more fulfilling times of connectivity for me because we are together cutting through egos, entitlements and legalities…All are focused on being fair (and) decent.”

Andrew King is a contributor editor to RISMedia.

The post COVID-19: A Looming Eviction Bubble for Rentals? Flexibility Is Key in Prevention appeared first on RISMedia.

COVID-19: A Looming Eviction Bubble for Rentals? Flexibility Is Key in Prevention published first on https://thegardenresidences.tumblr.com/

[clarkelawpa]

EVICTIONS DURING THE CORONAVIRUS PANDEMIC

As a result of the economic slowdown that has occurred during the coronavirus pandemic, governments at several levels have extended extra legal protections to tenants of Florida properties. The federal government imposed a 120 day suspension of evictions on properties financed by government-backed loans in the CARES Act.   Florida has enacted a 45 day suspension of evictions.   Finally, many counties and cities have enacted laws that affect evictions in important ways.



I.                   CARES Act:

         On March 27,2020, Congress passed the Coronavirus Aid, Relief, and Economic and Security (the CARES Act).  The CARES Act contains specific provisions that affect rental properties that receive housing grants  and that receive federal assistance and that are financed by loans guaranteed by the federal government. This includes HUD, VA, USDA,  Fannie Mae and Freddie Mac loans.

        A Landlord covered under the CARES ACT may not issue a Notice to Vacate nor file any eviction during the 120-day period beginning on March 27,2020. After the 120 day period ends, the Landlord may give the tenant a 30 Day Notice to Vacate, if otherwise authorized by the circumstances.  The upshot of these rules is that Landlords may not institute eviction proceedings in court until late August against any tenant in a property to which the CARES act applies.

          Note that the CARES Act does not affect a Landlord’s ability to proceed with any eviction action that began prior to March 27th (however, Florida courts have suspended the issuance of Writs of Possesion – see below)

                        The CARES Act does not abolish a Tenant’s obligation to pay rent, but suspends it for 120 days. After the suspension period ends, the Tenant will be liable to pay the Landlord all rent owed under the lease. Landlord may not charge the tenant late fees or penalties due to the tenant’s non-payment during the 120 suspension period.

II.               Recent Florida Laws:

            On  April 2, 2020, Florida Governor Ron DeSantis issued an Executive Order that suspended “any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants … “ for 45 days from the date of the order.

         The Florida Supreme Court indefinitely suspended the issuance of Writs of Possession in its April 6, 2020 Emergency Administrative Order.

III.            Orders Issued by South Florida Cities and Counties:

Chief Judge of the Miami Dade Judicial Circuit Bertila Soto issued an Administrative Order that suspends all procedural deadlines from March 13, 2020 through June 1, 2020;  and provides that deadlines that fall between March 13, 2020 and June 1, 2020 shall be extended by 80 days. The Miami-Dade Police Department has indefinitely suspended all eviction actions and water shut-offs.

           Broward and Palm Beach County Police Departments have suspended serving writs of possession in eviction cases.

           In this turbulent time, the laws regarding eviction change quickly. If you require legal help with an eviction, contact an experienced attorney such as John Clarke at (305)467-5560.

[jacksonvilleflblog]

How Long Does A Writ Of Possession Take In Florida https://t.co/KRWxwOT7um

How Long Does A Writ Of Possession Take In Florida pic.twitter.com/KRWxwOT7um

— About Jacksonville Florida (@AboutJaxFlorida) November 13, 2018

from http://twitter.com/AboutJaxFlorida/status/1062436490834333696

[yahoo-puck-daddy-blog]

What We Learned: The Wild are going to be expensive, but will they be good?

The Wild have a large range of outcomes for 2018-19. (Photo by Jason Halstead /Getty Images)

Off the top of your head, where do you see the Minnesota Wild finishing in the Central this season?

They’re only technically in the same league as the division’s twin titans of Nashville and Winnipeg, which seem destined to finish 1-2  (you pick the order).

Of course, the Wild finished in that third spot last year; a distant third, mind you, with a 13-point gap between Winnipeg and themselves. And that came with some serious ups and downs; they were one of the worst possession teams in the league last year, and really only got to where they were because of an a PDO that was ninth-highest in the league.

And to be fair, they had a number of key players miss a pretty good amount of time. Jared Spurgeon only played 61 games. Zach Parise just 47. Nino Niederreiter checked in at only 63. Those are all very useful players and if they’re missing a quarter or close to half of a season, your on-ice results are going to suffer, especially if they miss a bunch of games at the same time.

But at the same time, Eric Staal scored 42 goals and 76 points. Jason Zucker cleared 30 in both goals and assists. Mikael Granlund had 67 points. Ryan Suter and Matt Dumba both hit 50 points from the blue line. Devan Dubnyk was once again top-notch at .918 in 60 appearances.

The problem for the Wild, then, is that the rest of the division seems to be improving, and it was pretty tightly packed around the middle of the Central to begin with. Nine points separated Minnesota from sixth-place Dallas, with Colorado and St. Louis between them. I would argue that all those teams improved this offseason, and Chicago should be (much) better if Corey Crawford is fully healthy, even if they’re not the Chicago of old.

Note that many of the Wild players I just listed as having enjoyed great seasons are, for the most part, outside their prime production years. Staal and Suter will turn 34 during next season. Spurgeon will turn 29. Dubnyk just turned 32. Other teams have aging producers as well, obviously, but these were some pretty outsized years from past-their-primes players, so it’ll be interesting to see what they can actually put together in 2018-19.

The real problem with the Wild, though, is the playoff format. The gap between Nashville/Winnipeg and the rest of that division is so significant in terms of on-paper quality (you can never guess when injury or quirky underperformance will rear their heads) that you’re better off finishing in the wild card spot in the division and taking your chances with the winner of the Pacific than finishing third and getting as brutally crumpled as the Wild did in the first round last year.

And with the new contract Matt Dumba signed over the weekend — five years with a $6 million AAV, the value of which I’ll get to in a minute here — this team is about $5.6 million south of the cap limit, and still have to re-sign Zucker, who has 111 points over the last two seasons. That scoring total ties him for 63rd in the league in that time, just ahead of Jordan Eberle and Sean Couturier, for instance, and likely means he’s going to be looking for a fat paycheck. That probably pushed Minnesota up around the absolute top of the league in terms of cap obligations.

(Also worth noting: There are few Bruce Boudreau stans in the hockey media bigger than me, but my man only has so much to work with, y’know?)

So this is a cap-limit team with a first-round-limit ceiling in the playoffs unless things go very heavily their way. This is, I guess, why the team brought in a new front office crew this summer; there’s a recognition that they’ve built a rather expensive team that probably reached its peak in terms of reasonable competition within the division, let alone the Western Conference or league writ large. And with so many of their top players (such as they are) on the wrong side of 30, one wonders how much longer this approach is going to be kept up.

Simply put, seventy-nine-point-something million dollars a year to get bounced in the early rounds of the playoffs again isn’t and shouldn’t be viewed as a tenable situation, but as I wrote repeatedly like four or five years, simply paying a lot of money to players who are above-average but certainly not stars in the league doesn’t make them worth their contracts. The Parise and Suter contracts don’t expire for seven more seasons and it’s a hell of a lot of money to spend on two guys whose impact on the ice is going to diminish.

The good news is there aren’t too many long-term commitments otherwise — Dumba and Niedereitter, both of whom are under 26, are the only other guys signed for more than the next three seasons — and the team does have some promising, youngish players to supplement the old guard. That Dumba contract is probably a little too much in terms of AAV, but he has 35 goals over the last three seasons and you gotta pay for guys like that, I guess.

Only 12 defensemen in the salary cap era besides Dumba have cleared 50 points in a season before the age of 24, so what are you gonna do? The term is fine, for sure, but Dumba doesn’t really move the needle in terms of underlying numbers; he’s still improving given his age, but paying a lot for that particular player seems more optimistic than rational. Because of those 13 defensemen, only eight repeated their 50-performances at least once before turning 28.

Nice to have young players who can make an impact, certainly, but the Wild fall into that classic trap of having a number of goodish, cheapish young guys and goodish, expensive old guys and very little in between, which doesn’t allow for a continuity of quality over years.

And with this team in particular, what even is that quality, really? Can you really afford to run out the clock with all these early-to-mid-20s and mid-30s players over the next three years if this is where you’re gonna get?

While anyone can get on a hot run and make a deep playoff push, the Wild don’t really have a realistic chance to do that unless they land outside their own division for the playoffs. Which is theoretically possible, but in actual practice you shouldn’t want to hope you finish seventh or eighth in the West to get a viable path to the Conference Final, where you’re likely to get clubbed anyway.

So the Wild, again, seem to be at a crossroads with the direction of their franchise, but none of their paths forward seem particularly favorable.

What We Learned

Anaheim Ducks: They’re officially bringing back, well, a version of the original Mighty Ducks jersey, which should just be their actual jersey anyway. This one kinda stinks but what are you gonna do?

Arizona Coyotes: God if the Coyotes are worth $500 million, what’s Vegas worth now, a year after paying that same amount of money to be a team?

Boston Bruins: The cool thing about if the Bruins got Artemi Panarin? He would be the second-best left wing on the team.

Buffalo Sabres: Casey Mittelstadt looks like he could soon be a difference-maker at the NHL level, which is probably a little ahead of schedule to be honest.

Calgary Flames: The Flames love putting useful young depth players on waivers for no reason, but at least they didn’t lose Brett Kulak for nothing like they did Paul Byron.

Carolina Hurricanes: I would not recommend making a 19-year-old rookie your No. 1 center, no.

Chicago: Jonathan Toews wants a big bounce-back season for himself and his team. I want a million dollars. Nice to want things.

Colorado Avalanche: The Avs are probably going to avoid arbitration with Patrik Nemeth and that’s the only guy they need to re-sign at this point.

Columbus Blue Jackets: *Craig Finn voice* Don’t let Oliver Bjorkstrand explode!!!!

Dallas Stars: You can say what you want about the Stars but there really aren’t that many bad contracts on the books.

Detroit Red Wings: Wow the Red Wings might actually play talented kids instead of mediocre 29-year-olds in important situations. Signs and wonders.

Edmonton Oilers: Put Joe Gambardella in the NHL. Yes. Do it. Think about where he went to college and don’t be a coward!!!

Florida Panthers: Vinnie Viola is selling his mansion in New Jersey and I’m buying it.

Los Angeles Kings: A great mid-July pastime is to look at NHL signings and guess what percentage of them are AHL-quality goons. Here’s one now.

Minnesota Wild: The Wild have a new AHL head coach and it seems like when you’re hiring guys out of the Penguins coaching system you’re making a good decision.

Montreal Canadiens: This is brutal.

Nashville Predators: Yes. Thanks for asking.

New Jersey Devils: Only roster eight defensemen if you’re gonna play seven every night. Which, by the way, you should do that.

New York Islanders: Frankly, gang, I don’t know that they have much of a choice in the whole “should we tank?” discussion.

New York Rangers: When the richest and biggest-name teams in the league are openly saying they’re “rebuilding” that should be a good indication that it’s a perfectly okay thing for every team to do when needed.

Ottawa Senators: This is going really great.

Philadelphia Flyers: Man, that Forsberg-to-Nashville trade effectively got the Flyers Scottie Upshall, Ryan Parent, Scott Hartnell, and Kimmo Timonen plus a third-round pick? Good lord!

Pittsburgh Penguins: Okay, sure, Derek Grant. That’s someone.

San Jose Sharks: Chris Tierney? That’s even more someone.

St. Louis Blues: This is a take where I go, “Ahhhh, maybe?” Which kinda defeats the purpose of the take.

Tampa Bay Lightning: Really feels like everyone in Tampa is just sitting around going, “Well jeez hey when’s this Karlsson thing happening? Soon? Soon. Gotta be soon.”

Toronto Maple Leafs: Andreas Johnsson‘s one of those guys where it’s like, “Yeah he’s probably a real player.” He went point-a-game in his second AHL season and 1.5 a game in the playoffs. Granted, that’s on a stacked team, but he’s 23 and a guy who can score like that is probably a good bottom-six option at an absolute minimum.

Vancouver Canucks: I would not want to be in the business of extending Alex Edler, despite his long-term status with the org.

Vegas Golden Knights: It’s really too bad the Golden Knights didn’t have to change their name. That would have been so funny.

Washington Capitals: Yeah, no.

Winnipeg Jets: I’m gonna write more about Trouba this week but: yikes.

Gold Star Award

Maybe this makes me a kook in hockey circles but every NHL team should have as many jerseys as they want. Who cares as long as they’re cool or weird or whatever? I don’t like the Ducks’ new “classic-inspired” thirds but at least they’re trying something. More throwbacks would be a good thing.

Minus of the Weekend

This is some kinda take.

Perfect HFBoards Trade Proposal of the Week

User “Kshahdoo” loves this time of year.

STL gets Panarin (but only with extention) Toronto gets Parayko Columbus gets Nylander

Signoff

Help! Help!

Ryan Lambert is a Puck Daddy columnist. His email is here and his Twitter is here.

(All stats via Corsica unless otherwise noted.)

[cooldreamlandflower-blog]

Judgment Courses Compared

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[evictionlawyerfl]

How to Evict a Tenant in Palm Beach County Florida

1. Landlord must send all Tenants a three (3) Day Notice for failure to pay rent wherein the tenant has three (3) days to pay rent or vacate premises. This Notice can be posted on the door of the premises or personally delivered to the tenant or to adult occupant of premises. Service of the Notice can be accomplished by the Landlord, its agent, or by using a Process Server. Be sure to follow the Florida Statutes requirements regarding the contents of the Three (3) Day Notice requirements. The 3 day notice must include the Florida statutory language, the amount of rent due, the Tenant’s name and address, and date of deadline to remit payment.(See blog on Landlord/Tenant Notices: Seven (7) Day Notice to Cure Violations and Fifteen (15) Day Notice of Termination of Lease).

2. After waiting three (3) days from the date of service or posting of the 3 Day Notice (do not count the first day of service and do not include weekends and legal holidays) you can proceed to file the Eviction Complaint, Count 1 for possession only. The Complaint for Eviction is filed in the County Court where the property is located. An Eviction Complaint with a Count 1 for possession only is done to expedite getting possession of the premises because it is subject to summary procedure, which means that the Tenant only has five (5) days to respond to the Eviction Complaint. The Summons also states the time limitation for Tenants’ response. A civil cover sheet must also be filled out and filed with the court. Included in the Service Package is the Civil Cover Sheet, Complaint, and Summons all filed with the Court and Served on Tenants. You can also serve this package on “Unknown Tenant #1” if there are other occupants in the property that you do not have their names or identification.

3. If the Eviction Complaint includes a Count 2 for damages, then the Tenant would have 20 days to file a response to the Complaint; which slows down the process of getting possession of the premises. It is better to get possession of the premises as quickly as possible, so that the Landlord can rent the property to someone else in order to start collecting rent. After possession is obtained by the Landlord, the Landlord can make a claim on the security deposit within 30 days of the vacate date for unpaid rent and legal fees as well as for damages to the property. The Landlord should have proof of the damages claimed, pictures, receipts for repairs and repair estimates; however, ordinary wear and tear is not sufficient for a claim against the security deposit. Pursuant to Florida Statute, if the Landlord is not going to make a claim against the security deposit then the Landlord should return the entire security deposit to the Tenant within fifteen (15) days of the vacate date. If the Landlord is making a claim against the security deposit, the Landlord has thirty (30) days to make a claim against the security deposit. (See Security Deposit Blog)

4. If the five (5) days have passed since the Service of Process on Tenants and the Tenant has not filed a response, such as an answer to the complaint or a motion to dismiss, then attorney can file a Motion for Clerk’s Default for the Tenant’s failure to respond as required by law. The Clerk of Court will enter a Clerk’s default within 3-5 days. Then you must also obtain a Certificate of Mailing from the Clerk before filing the Motion for Clerk’s Default. The Certificate of Mailing is obtained by mailing a letter to the clerk of court with a copy of the Complaint, Affidavit of Service, two stamped envelopes, and copy of the proposed Certificate of Mailing. After receiving the Certificate of Mailing, you should file an Affidavit of Non-Military Service and the Military Status Report, along with filing the Motion for Clerk’s Default. The Military Status Report can be obtained from the website at: https://scra.dmdc.osd.mil/

5. After the clerk of court enters the Clerk’s Default, you should file a Motion for Default Final Judgment with the court. Then mail a package to the Judge including the Motion for Default Final Judgement, exhibits including the Clerk’s Default issued, 3 copies of the proposed Order granting the default final judgment, the Writ of Possession, and a check for $90.00 for the writ of possession fee made out to the Palm Beach County Sheriff’s Office (if the eviction is in Palm Beach County), and two stamped envelopes addressed to the Tenant and yourself.

6. After the Court grants the Motion for Default Final Judgment, and sends/records the court’s Order; the court will issue the Writ of Possession. The Sheriff’s Office will post the Writ at the premises and will contact the Landlord to arrange a date and time to go to the property in order to execute the Writ of Possession. The Sheriff will then meet the Landlord at the property and remove all occupants and their items; the Tenants items/belongings will be put on the sidewalk or curb. The Landlord should also change the locks to secure the premises at this time. If the Tenant vacates the property before the execution of the Writ of Possession, be sure to comply with the Florida Statutes regarding abandoned property. (See blog on Abandoned Property)

7. If the Tenant files an Answer or Motion to Dismiss to the Complaint for Eviction, the Court will schedule a mandatory Mediation and Rent Determination Hearing (Palm Beach County Court). Typically, the Court requires the Landlord to be present at the Mediation and Rent Determination Hearing. Please see the Court Order Setting Mediation and Hearing for details. If the Landlord is not able to attend, file an Ex-Partee Motion for Telephonic Appearance by mailing a package to the Judge with a copy sent to the tenant; this package includes a Letter to the Judge, the Ex-Parte Motion for Telephonic Appearance, and 3 copies of the proposed Order granting the telephonic appearance, and two stamped envelopes address to you and to the Tenant.

8. Prepare for the Mediation and Rent Determination Hearing by reviewing the Lease (if there is a written Lease) or writing down the terms of the verbal rental agreement, date of rental payments, amount of rental payments, and draft a list of missed rental payments showing the dates and amounts due. Bring any other documents or evidence you have to prove the amount of rent due and owing, such as Checks, returned checks, copies of money orders, and receipts of payments, or bank statements. At Mediation, be sure to explain to the Tenant that the prevailing party is entitled to attorney fees in order to apply pressure on the tenant to settle this matter.

9. The Landlord should try to resolve this matter prior to the Mediation and Hearing Date by way of a Stipulation Agreement in order to save time and attorney fees. If the Parties can agree on terms to settle their dispute prior to the Mediation or at the Mediation, a Stipulation Agreement will be drafted and signed by both parties and/or the parties attorneys. The Stipulation Agreement will include dates of payment, the Tenant’s vacate date, may provide for the payment of attorney fees in addition to the rental payments, and terms of default/non-compliance with the terms of the Agreement. If the parties agree to the proposed Stipulation Agreement prior to the Mediation date, the Stipulation will need to be filed with the Court and a package must be sent to the Judge for approval of the stipulation. This package includes a letter to the Judge asking for approval of the Stipulation Agreement, an executed copy of the Stipulation Agreement, 3 copies of the Order Approving the Stipulation, and two stamped envelopes addresses to you and the Tenant. After the Judge approves the Stipulation Agreement the court will enter an Order granting and approving the Stipulation and then the Court dismisses the case. Be sure to include terms within the Stipulation Agreement regarding the Tenant’s default and the automatic entry of Writ of Possession upon such default by the Tenant in order to ensure compliance with the terms of the Stipulation Agreement.

10. If the parties cannot resolve this matter at Mediation; the mediator will declare an impasse and provide a report to the Judge stating such. If the Tenant does not attend the Mediation, the Judge may enter Final Judgment against the Tenant. At the Rent Determination Hearing the Judge will ask both parties questions in order to determine the amount of the rent due, the frequency and dates of rental payments; after which the Judge will enter an order stating the amount of rent that the Tenant is to Deposit into the Court’s Registry on a certain date thereafter and until the case is resolved. The amount of rent the Tenant must pay into the Court’s registry is usually higher than the regular rental payment because the clerk of court charges a fee to deposit funds into the Court’s Registry. If the Tenant fails to deposit the requisite amount of funds into the court’s registry by the date set by the Judge’s Order; the Landlord can file a Motion for Default Final Judgment for tenant’s failure to comply with the Court’s Order for failing to deposit the rent amount determined; wherein the Court may grant such motion and issue the Writ of Possession.

11. If this matter is not resolved by way of a Stipulation Agreement or at Mediation, the case will be set for a Final Hearing/Bench trial before the presiding Judge. At Trial both sides may present their evidence and testimony, and question witnesses if present. At the conclusion of Trial the Judge will render a decision and enter an Order regarding its decision. Such final Order may include the amount of rent payments due and owing, the date of payment, and the date the Tenant is to vacate the premises. The Court will retain jurisdiction to enforce the Court’s Order if a party fails to comply with the terms of the Court’s Order. (See blog on Enforcing Court Orders and Debt Collection-Collecting on a Judgment)

The content of this website is for general informational purposes only. The information presented on this website should not be interpreted as legal advice or the formation of an attorney-client relationship.

The post How to Evict a Tenant in Palm Beach County Florida appeared first on www.evictionlawyer.net.

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How Code Enforcement Tackles the Problem of Abandoned and Vacant Properties

New Post has been published on https://netmaddy.com/how-code-enforcement-tackles-the-problem-of-abandoned-and-vacant-properties/

How Code Enforcement Tackles the Problem of Abandoned and Vacant Properties

Code Enforcement Departments for Counties and Municipalities across the United States have been grappling with the increased workload issues created by the rising number of vacant and abandoned properties due to the continuous pursuit of foreclosures by mortgagees (banks, lenders, and lien-holders). ForeclosureListings.com, confirmed that the “national foreclosure rate in January 2010 was one foreclosure filing for every 466 U.S. households; the most severe problems continue in the West and in Florida. Unemployment, economic hardship, negative equity, and credit availability are driving the foreclosures.” If a property owner was in default with their mortgage payments and could not satisfy the outstanding debt or bring the mortgage and any outstanding penalties current during the pre-foreclosure stage, they were surely going to be faced with having to leave their home. In some cases, property owners that were upside down in their mortgage or through financial hardship found themselves in a position where expenses were just too overwhelming may have chosen to just walk away from their homes, no matter how difficult it was for them and their families. In a time when most jurisdictions, especially, small local governments are also dealing with the difficulties created by financial dilemmas and hardships that are reducing the workforce and resources, the rising foreclosures have taken its toll on code enforcement departments that are tasked with trying to keep neighborhoods and communities from becoming blighted, unsafe, and depreciated in value.

The problems that were created by sitting vacant residential properties, such as vandalism, unsafe open structures, stagnant swimming pools, just to name a few, created immense expense as communities where tasked with securing and abating these problems without the assistance from any property owners or residents. Often, the property owners who were responsible for maintaining their homes during this difficult time felt it unfair that they were still required to provide for regular upkeep of their properties or face code enforcement penalties while the abandoned foreclosed homes next door were neglected and left to bring down the value of their homes and detract from their neighborhoods. According to the latest report from RealtyTrac, a company that monitors the trends of foreclosures across each state, “Florida posted the nation’s second highest state foreclosure rate in November 2009 with one in every 165 housing units receiving a foreclosure filing during the month. Florida took the No. 2 spot from California, which posted the nation’s third highest foreclosure rate.” It became common for community members and leaders around the State of Florida to feel that the mortgagees were slow to take responsibility for these assets and started to put pressure on county and local governments to address these properties, without using their tax dollars to do so.

Foreclosure Procedure in the State of Florida

properties

There are a few different types of foreclosure procedures in the United States. According to Erate.com, “One common type of foreclosure is the ‘deed in lieu of foreclosure’ arrangement. Often called ‘strict foreclosure,’ the bank claims the title and possession of the property back to satisfy the debt. The other most common type is the proceeding known simply as ‘foreclosure’ or ‘judicial foreclosure.’ Here the property is exposed to auction by a county or court official. The winning bidder receives a deed to the property. Banks and other lenders usually bid on the property in the amount of the owed debt, and if no other buyers step forth they will receive the title to the property. Other states employ yet another type of foreclosure, called ‘non-judicial’ or ‘statutory’ foreclosure. In this case, when a borrower fails to make payments, the lender may be issued a notice of default and intent to sell. If the borrower does not solve the default with payments or other means, the property will be sold at public auction.” In the State of Florida, foreclosures are handled as judicial procedures that are processed through the court system. This process can take a bit of time, 5 months or more, beginning with the lender advising a mortgagor that they are in default and subsequently recording a notice of Lis Pendens. The homeowner will be served notice of complaint, which basically provides notice of intent to foreclose and contains the total debt. The property owner gets to have an opportunity to appear in court to answer the complaint, however, if the court rules against the property owner, a judgment of foreclosure will be issued. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff’s sale. Usually, if the property owners remain inside the home, they would be considered as trespassing. If the property is sold by judicial sale, Certificate of Title will be issued to the new property owner or returned to mortgagee.

Challenges for code compliance

Code enforcement officers typically have to address code violations on occupied properties where the residents are either unaware of the code requirements, neglectful, financially distressed, or possibly violating code requirements intentionally, however, in the case of abandoned or vacant homes, these residents have either walked away or have been required to vacate the properties leaving the property maintenance and violations for another responsible party who have control over the properties which in most cases are the holders of the mortgage notes. This becomes a difficult task as property owners were often required to vacate the premises before the property was either sold or taken back by the mortgagee through completion of the foreclosure process leaving the ownership records unchanged. Code enforcement officers were now faced with dealing with code violations on vacant properties where tracking down the responsible parties for these properties was extremely difficult. Even when a mortgagee’s name was located from researching foreclosure filing papers, there would only be large corporate bank or financial institution name and an address that would not lead you directly to someone who was responsible for the property and would get lost in the maze. With strapped resources and increasing demands from community members, local governments started to adopt various vacant property registration programs that required mortgagees to become more involved with these foreclosure properties either from the time the property owners was going into default or when a property became vacant and abandoned. Although some registration programs may only consists of providing information such as responsible party name and contact information, some programs have required significant steps be taken for a vacant, abandoned property including providing electronic security systems.

Sample Registration Program, Broward County Florida

Local governments have had to take steps to bolster local communities against the negative effects of vacant and abandoned properties and obtain voluntary compliance with property maintenance and building code violations. For example, in Broward County Florida, Building Code Inspectors and Code Compliance Officers respond to numerous complaints and concerns regarding single-family homes, condominiums, townhouses and duplexes that are being vandalized, in severe states of blight, lack of maintenance, security, hazardous conditions, and other health and safety issues that these properties present. Requiring mortgagees and absentee owners of vacant and abandoned properties to correct such violations presents significant challenges to the Code Enforcement process. Additionally, when these properties are abandoned and vacant for extended periods of time, there may be unexpected problems for purchasers of these properties such as property maintenance issues, outstanding building permits, and code enforcement liens and/or assessments. In response to recent events in the housing market which have led to a drastic rise in the number of foreclosed homes located within the unincorporated areas of Broward County, the Abandoned/Vacant Real Property Registration and Certification ordinance was created to protect unincorporated residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacant properties. The program is intended to address those properties that are vacant and abandoned that have come under the control of a mortgagee or beneficiary as a result of the default of the borrower and/or the foreclosure process. The program also applies to properties that were obtained under a deed in lieu of foreclosure. The program requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the County and immediately begin to secure and maintain the property to program standards.

The ordinance also requires that a local property management company be contracted to perform bi-weekly inspections to verify compliance with the requirements of the ordinance, if the owner of the property is a corporation, partnership, and/or out of area mortgagee/owner. The property must also be posted with the name and 24-hour contact number for the property manager who can respond to problems or concerns. The inspections and certification portion of this program offers added protection for buyers of foreclosed residential properties in the unincorporated areas of Broward County by requiring all title holders of these properties which are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes or under a deed in lieu of foreclosure/sale to obtain a Certificate of Foreclosure Inspection prior to offering the property for sale, transfer, or other alienation. This requirement allows for the performance of a cursory visual inspection of the property and an inspection report by a code enforcement officer to provide a disclosure of any non-compliance with property maintenance codes, outstanding County liens and/or special assessments encumbering the property and to also identify any outstanding building permits.

Steps taken to address problems with foreclosures

As the federal, state, and local governments look for ways to assist distressed homeowner’s in keeping their homes or to assist purchaser’s and investors to acquire foreclosed homes to get them repaired, maintained and occupied, the banks have also focused on addressing the concerns of local governments in regards to the problems associated with vacant and abandoned properties. Mortgagees may utilize their own staff or obtain the services of companies such as asset managers or mortgage servicers to handle numerous functions and responsibilities related to foreclosed properties from pre-foreclosure thru property preservation ultimately to sale or transfer to a new owner. The companies employ a variety of staff to handle such broad areas such as property management, real estate and title services and have started to place a greater emphasis on property preservation and code compliance. These companies employed by the banks that utilize their services have recently focused their attention on the ordinance requirements for properties under their management, at the same time, promoting a partnership with local jurisdiction code enforcement staff to help alleviate the problems with vacant and abandoned properties and create a better method of communication when problems are not being addressed with property maintenance issues. According to information provided on the website for The Mortgage Bankers Association, this organization promotes the utilization of the MERS ® Mortgage Electronic Registration System database to obtain a list of property preservation contacts to assist local jurisdictions in their efforts, especially in the case of securing open and unguarded, vacant properties.

Conclusion

Properties that continue to be abandoned, neglected, and unsecured for extended period of times, which may include years, work against the mortgagees, as these conditions continue to force property values continue to decline, costs for repairs to increase due to vandalism and deterioration and liability for the mortgagees remain as squatters and children get access inside unsecured residences. In order for code enforcement to be truly proactive, it must take steps to prevent problems not address them after the fact. Even though most jurisdictions charge a fee for registering these properties, the fees are usually intended to offset the operating costs for the program which includes all administrative work involved, as well as the increased field investigations work that these vacant and abandoned properties require. The proactive nature of these programs to seek out the responsible property preservation and servicers work to reduce the costs for the mortgagees as well as the local jurisdiction. Fines and liens that are placed on these properties due to daily running penalties and costs for abatement work such as performing board-ups, stagnant pool abatement, lot mowing, and junk, trash removal may reach in the hundreds and even thousands. Because many of these properties remain in the name of the previous owner until the property is transferred and the new owner is properly recorded in the county records, most jurisdictions are only required to cite the owner shown on their tax assessor’s records or deeds in order to address violations. The property registration programs have accomplished numerous goals which include increased responsibility and accountability by the mortgagees in regards to these assets, adherence to local property maintenance and safety building codes, and increased attention towards making these properties viable again for ownership and heightened steps toward re-occupancy. The more properties remain occupied and less are bank owned or abandoned, the less for the need for these types of vacant property ordinances and registration programs.

This article was designed to provide accurate and authoritative information in regard to the subject matter covered. It was written with the understanding that the author is not engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

[hopefulphantomwonderland-blog]

New Post has been published on Pagedesignweb

New Post has been published on http://pagedesignweb.com/foreclosures-how-code-enforcement-tackles-the-problem-of-abandoned-and-vacant-properties/

Foreclosures - How Code Enforcement Tackles the Problem of Abandoned and Vacant Properties

Code Enforcement Departments for Counties and Municipalities across the United States have been grappling with the increased workload issues created by the rising number of vacant and abandoned properties due to the continuous pursuit of foreclosures by mortgagees (banks, lenders, and lien-holders) confirmed that the “national foreclosure rate in January 2010 was one foreclosure filing for every 466 U.S. households; the most severe problems continue in the West and in Florida. Unemployment, economic hardship, negative equity, and credit availability are driving the foreclosures.” If a property owner was in default with their mortgage payments and could not satisfy the outstanding debt or bring the mortgage and any outstanding penalties current during the pre-foreclosure stage, they were surely going to be faced with having to leave their home. In some cases, property owners that were upside down in their mortgage or through financial hardship found themselves in a position where expenses were just too overwhelming may have chosen to just walk away from their homes, no matter how difficult it was for them and their families. In a time when most jurisdictions, especially, small local governments are also dealing with the difficulties created by financial dilemmas and hardships that are reducing the workforce and resources, the rising foreclosures have taken its toll on code enforcement departments that are tasked with trying to keep neighborhoods and communities from becoming blighted, unsafe, and depreciated in value.

The problems that were created by sitting vacant residential properties, such as vandalism, unsafe open structures, stagnant swimming pools, just to name a few, created immense expense as communities where tasked with securing and abating these problems without the assistance from any property owners or residents. Often, the property owners who were responsible for maintaining their homes during this difficult time felt it unfair that they were still required to provide for regular upkeep of their properties or face code enforcement penalties while the abandoned foreclosed homes next door were neglected and left to bring down the value of their homes and detract from their neighborhoods. According to the latest report from RealtyTrac, a company that monitors the trends of foreclosures across each state, “Florida posted the nation’s second highest state foreclosure rate in November 2009 with one in every 165 housing units receiving a foreclosure filing during the month. Florida took the No. 2 spot from California, which posted the nation’s third highest foreclosure rate.” It became common for community members and leaders around the State of Florida to feel that the mortgagees were slow to take responsibility for these assets and started to put pressure on county and local governments to address these properties, without using their tax dollars to do so.

Foreclosure Procedure in the State of Florida

There are a few different types of foreclosure procedures in the United States. According to Erate.com, “One common type of foreclosure is the ‘deed in lieu of foreclosure’ arrangement. Often called ‘strict foreclosure,’ the bank claims the title and possession of the property back to satisfy the debt. The other most common type is the proceeding known simply as ‘foreclosure’ or ‘judicial foreclosure.’ Here the property is exposed to auction by a county or court official. The winning bidder receives a deed to the property. Banks and other lenders usually bid on the property in the amount of the owed debt, and if no other buyers step forth they will receive the title to the property. Other states employ yet another type of foreclosure, called ‘non-judicial’ or ‘statutory’ foreclosure. In this case, when a borrower fails to make payments, the lender may be issued a notice of default and intent to sell. If the borrower does not solve the default with payments or other means, the property will be sold at public auction.” In the State of Florida, foreclosures are handled as judicial procedures that are processed through the court system. This process can take a bit of time, 5 months or more, beginning with the lender advising a mortgagor that they are in default and subsequently recording a notice of Lis Pendens. The homeowner will be served notice of complaint, which basically provides notice of intent to foreclose and contains the total debt. The property owner gets to have an opportunity to appear in court to answer the complaint, however, if the court rules against the property owner, a judgment of foreclosure will be issued. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff’s sale. Usually, if the property owners remain inside the home, they would be considered as trespassing. If the property is sold by judicial sale, Certificate of Title will be issued to the new property owner or returned to mortgagee.

Challenges for code compliance

Code enforcement officers typically have to address code violations on occupied properties where the residents are either unaware of the code requirements, neglectful, financially distressed, or possibly violating code requirements intentionally, however, in the case of abandoned or vacant homes, these residents have either walked away or have been required to vacate the properties leaving the property maintenance and violations for another responsible party who have control over the properties which in most cases are the holders of the mortgage notes. This becomes a difficult task as property owners were often required to vacate the premises before the property was either sold or taken back by the mortgagee through completion of the foreclosure process leaving the ownership records unchanged. Code enforcement officers were now faced with dealing with code violations on vacant properties where tracking down the responsible parties for these properties was extremely difficult. Even when a mortgagee’s name was located from researching foreclosure filing papers, there would only be large corporate bank or financial institution name and an address that would not lead you directly to someone who was responsible for the property and would get lost in the maze. With strapped resources and increasing demands from community members, local governments started to adopt various vacant property registration programs that required mortgagees to become more involved with these foreclosure properties either from the time the property owners was going into default or when a property became vacant and abandoned. Although some registration programs may only consists of providing information such as responsible party name and contact information, some programs have required significant steps be taken for a vacant, abandoned property including providing electronic security systems.

Sample Registration Program, Broward County Florida

Local governments have had to take steps to bolster local communities against the negative effects of vacant and abandoned properties and obtain voluntary compliance with property maintenance and building code violations. For example, in Broward County Florida, Building Code Inspectors and Code Compliance Officers respond to numerous complaints and concerns regarding single-family homes, condominiums, townhouses and duplexes that are being vandalized, in severe states of blight, lack of maintenance, security, hazardous conditions, and other health and safety issues that these properties present. Requiring mortgagees and absentee owners of vacant and abandoned properties to correct such violations presents significant challenges to the Code Enforcement process. Additionally, when these properties are abandoned and vacant for extended periods of time, there may be unexpected problems for purchasers of these properties such as property maintenance issues, outstanding building permits, and code enforcement liens and/or assessments. In response to recent events in the housing market which have led to a drastic rise in the number of foreclosed homes located within the unincorporated areas of Broward County, the Abandoned/Vacant Real Property Registration and Certification ordinance was created to protect unincorporated residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacant properties. The program is intended to address those properties that are vacant and abandoned that have come under the control of a mortgagee or beneficiary as a result of the default of the borrower and/or the foreclosure process. The program also applies to properties that were obtained under a deed in lieu of foreclosure. The program requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the County and immediately begin to secure and maintain the property to program standards.

The ordinance also requires that a local property management company be contracted to perform bi-weekly inspections to verify compliance with the requirements of the ordinance, if the owner of the property is a corporation, partnership, and/or out of area mortgagee/owner. The property must also be posted with the name and 24-hour contact number for the property manager who can respond to problems or concerns. The inspections and certification portion of this program offers added protection for buyers of foreclosed residential properties in the unincorporated areas of Broward County by requiring all title holders of these properties which are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes or under a deed in lieu of foreclosure/sale to obtain a Certificate of Foreclosure Inspection prior to offering the property for sale, transfer, or other alienation. This requirement allows for the performance of a cursory visual inspection of the property and an inspection report by a code enforcement officer to provide a disclosure of any non-compliance with property maintenance codes, outstanding County liens and/or special assessments encumbering the property and to also identify any outstanding building permits.

Steps taken to address problems with foreclosures

As the federal, state, and local governments look for ways to assist distressed homeowner’s in keeping their homes or to assist purchaser’s and investors to acquire foreclosed homes to get them repaired, maintained and occupied, the banks have also focused on addressing the concerns of local governments in regards to the problems associated with vacant and abandoned properties. Mortgagees may utilize their own staff or obtain the services of companies such as asset managers or mortgage servicers to handle numerous functions and responsibilities related to foreclosed properties from pre-foreclosure thru property preservation ultimately to sale or transfer to a new owner. The companies employ a variety of staff to handle such broad areas such as property management, real estate and title services and have started to place a greater emphasis on property preservation and code compliance. These companies employed by the banks that utilize their services have recently focused their attention on the ordinance requirements for properties under their management, at the same time, promoting a partnership with local jurisdiction code enforcement staff to help alleviate the problems with vacant and abandoned properties and create a better method of communication when problems are not being addressed with property maintenance issues. According to information provided on the website for The Mortgage Bankers Association, this organization promotes the utilization of the MERS ® Mortgage Electronic Registration System database to obtain a list of property preservation contacts to assist local jurisdictions in their efforts, especially in the case of securing open and unguarded, vacant properties.

Conclusion

Properties that continue to be abandoned, neglected, and unsecured for extended period of times, which may include years, work against the mortgagees, as these conditions continue to force property values continue to decline, costs for repairs to increase due to vandalism and deterioration and liability for the mortgagees remain as squatters and children get access inside unsecured residences. In order for code enforcement to be truly proactive, it must take steps to prevent problems not address them after the fact. Even though most jurisdictions charge a fee for registering these properties, the fees are usually intended to offset the operating costs for the program which includes all administrative work involved, as well as the increased field investigations work that these vacant and abandoned properties require. The proactive nature of these programs to seek out the responsible property preservation and servicers work to reduce the costs for the mortgagees as well as the local jurisdiction. Fines and liens that are placed on these properties due to daily running penalties and costs for abatement work such as performing board-ups, stagnant pool abatement, lot mowing, and junk, trash removal may reach in the hundreds and even thousands. Because many of these properties remain in the name of the previous owner until the property is transferred and the new owner is properly recorded in the county records, most jurisdictions are only required to cite the owner shown on their tax assessor’s records or deeds in order to address violations. The property registration programs have accomplished numerous goals which include increased responsibility and accountability by the mortgagees in regards to these assets, adherence to local property maintenance and safety building codes, and increased attention towards making these properties viable again for ownership and heightened steps toward re-occupancy. The more properties remain occupied and less are bank owned or abandoned, the less for the need for these types of vacant property ordinances and registration programs.

This article was designed to provide accurate and authoritative information in regard to the subject matter covered. It was written with the understanding that the author is not engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

The author of this article, Gerald Henry, is a Certified Code Enforcement Professional in the State of Florida who holds a Baccalaureate Degree in Criminal Justice and Graduate Certificate in Public Administration.

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Rеѕіdеntіаl Evictions in Flоrіdа

Hire the best eviction service in Florida and protect your investment. We can help you with eviction!

Eviction Process in Florida

Each state varies in regulations for eviction process. In Florida, there are 4 steps needed to be followed for an eviction to be handled well.

Serving  the Eviction Notice  (3-Dау, 7-Dау, or 15-Day)

Filing a Summons and Complaint

Going to Court (if contested)

Writ of Possession

What is an eviction notice?

There are different forms that need to be filled up for an eviction notice, depending on the circumstances presented by the landlord.

3 Day Notice - This form is applicable if a tenant is being evicted for non-payment of rent.

7 Day Notice - This form is used when the tenant is being evicted for a lease violation such as unauthorized pets, criminal activity, etc. and other policies stated on the lease.

15 Day Notice - This form is used for tenants on a monthly lease, where the landlord decides to no longer have the rental property rented out.

What is the best way to serve an eviction notice?

In order for the eviction process to get started, the landlord must deliver the eviction notice to the tenant. Here are some tips to ensure this works

The notice must be handwritten

The notice must be personally delivered and handed out to the tenant.

In cases where the tenant is not present at the premises, the eviction notice should be left at the residential property.

When leaving an eviction notice, the landlord must take a photo of where the eviction notice was posted or keep a copy of the notice, as this will serve as proof to the judge that indicates the eviction notice was in fact delivered.

The eviction notice period does not include Saturday, Sunday and legal holidays.

After the eviction notice period expires and the tenant is still in the residential premises, then the landlord must move on the next step and file a “lawsuit” with the County Clerk of Courts in the county where the property is located.

How is the Residential Summons & Complaint handled?

Filing the complaint means that the landlord is starting a formal lawsuit to evict the tenant legally. Here are some quick tips to get this done properly

Upon arriving at the County Clerk’s office, the landlord should present copies of the Lease and copies of the Eviction Notice.

A Summons and Complaint form should then be filled out.

Once the form is filled out, the clerk will notarize the landlord’s signature and file the lawsuit.

A landlord should pay the filing fee. Call the Country Clerk ahead of time to find out how much the fee is.

After the lawsuit is filed, the clerk will also issue a “Summons” which will be delivered to the tenant to let them know they are being sued for eviction.

The Summons will be delivered by the Sheriff. However as recommended, the landlord can also pay for a Certified Process Server to have the Summons delivered. Either way will still cost some fees.

In cases where the tenant was not present upon delivery of the Summons and either the Sheriff nor the Certified Process Server was still unable to serve it, even after two (2) attempts,  then the Summons can be served to the tenant by posting it on the residential premises.

Going To Court

Once the tenant has been served the Summons, the tenant will have 5 business days, to file an answer in court.

Once an answer has been filed by the tenant in court, the judge has the right to schedule a hearing or a mediation to hear out both parties sides.

At the hearing, the landlord must plead his case and tell the judge why a judgment should be ruled in the landlord’s favor.

If a tenant fails to file an answer within the 5 day business period, the landlord will then be entitled to a default judgment.

The landlord may now file a Motion for Default with the County Clerk, which allows the judge to enter a Final Judgement for Possession in the landlord’s favor.

After this has been done, the landlord can proceed with getting a Writ of Possession.

Writ of Possession

After entry of the Final Judgement, the landlord can request a Writ of Possession from the County Clerk.

The Writ of Possession must be served by the Sheriff to the tenant.

The Sheriff must deliver it personally to the tenant or post it outside the residential premises.

After the tenant receives the Writ of Possession, the tenant must vacate the premises within 24 to 48 hours or else the Sheriff will physically remove them.

An eviction is never easy for both the landlord and the tenant.  For whatever reason, the tenant may have towards being unable to make payment on the rent as stipulated in the contract, still, the landlord is required to follow the eviction process in Florida.

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— About Jacksonville Florida (@AboutJaxFlorida) November 10, 2018

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