The Boot Blog

Miami landlord evicts Venezuela!

2012-02-29T12:31:00.001-05:00

Source: The South Florida Business Journal

It’s not often a landlord gets to evict a nation, but Tibor Hollo is doing just that to Venezuela and its consulate in Miami.

TWJ 1101 LLC, which owns the office building at 1101 Brickell Ave., filed an eviction lawsuit against the government of Venezuela, its economic development bank and its consulate office on Feb. 7. The building is owned by Florida East Coast Realty, led by Hollo, its president.

Venezuelan President Hugo Chavez

Venezuelan President Hugo Chavez announced in January that he would close its consulate in Miami after Livia Acosta Noguera, its Miami consul general, was expelled from the U.S. She was subject to an FBI investigation over allegations that she was involved in a potential cyber-attack on the U.S. government – news unveiled by Univision.

Hollo said the Venezuelan officials have cleared out of his building and he hasn’t been able to contact them.

“Since January they haven’t paid rent, so I want to evict them,” he said. “The office is there. Nobody is in the office. All the furniture is there, but they aren't there. I want my money or my space back.”

Hollo noted that Banco Industrial de Venezuela , a state-owned bank, is current on its lease payments for another suite in that building.

Having a bank office in Miami helps Venezuelans in South Florida with some financial transactions, but the loss of its consulate makes it harder for them to get documentation such as passports.

Given the eviction lawsuit, it looks like a Venezuelan Consulate in Miami won’t be reopened anytime soon.
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The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Owner in 55 and older condo marries younger man, fears eviction

2012-01-30T18:01:00.000-05:00

From the Sun-Sentinel:

Love may be blind, but condominium associations are not.

A 58-year-old nursing assistant from Lauderhill admits she moved into a 55-and-older community three years ago fully aware of the biggest rule: Age matters.

But last year, she fell in love with a younger man and the two married. About three weeks ago, she received a letter from the association's attorney stating nine heartbreaking words: "Your unit is currently occupied by an unauthorized person."

The "unauthorized person" being her husband, who doesn't qualify for residency because he is 48. Now she says she fears the possible eviction of her husband or the prospect of finding a new place.

Who sent the note? The board members of her condo association, and they have the rules on their side.

Did neighbors tell? Did the board investigate? She has no idea. And it doesn't matter -- the association found out and is asking her to formally apply for approval of her tenant, er, husband, as required by its governing documents.

Attorney Robert Kaye, whose firm Kaye & Bender represents 55 and older communities across the state, says age-related disputes are not uncommon. He said boards often complain when a tenant in a unit is not 55 or older or is 18 or younger. But it is rare for a community to complain when at least one tenant is 55 or older.

In the example above, the 58-year-old tenant told me she didn't want to be turned down, so she replied by simply sending the attorney a copy of her marriage certificate.

Not enough, says Kaye, who is not involved in the case.

But all is not lost either.

Before saying "I do," the owner should have checked in with her board and read her governing documents. "Some community documents require receiving prior approval of the board to bring in a new spouse," Kaye said. But, he adds, it is fine to submit an application after the fact. Courts generally do not allow boards to deny applications because one wasn't initially sought, unless that requirement is contained in governing documents.

In this kind of situation the best bet is to comply with a board's request: Fill out the paperwork, detail the situation, attach supporting documents, such as a wedding certificate, and wait for a response.

Fair housing laws that allow qualified condo communities to prohibit children under 18 from moving in should reflect in covenants that at least one occupant be 55 years and older. Laws also allow up to 20 percent of a community's properties to not meet this requirement without losing the exemption.

There are other factors to consider, said Dania Beach attorney Rhonda Hollander. For instance, verify a community's designation with the Florida Commission of Human Relations.

Find out whether there are other tenants younger than 55 living in the community. Boards may enforce rules against some owners and not others, but such selective enforcement is illegal.

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The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Five 911 Calls, Crack Pipes Lead Woman to Jail

2011-08-22T07:08:00.000-04:00

At first I felt sympathy for the woman in this story, but as I read on it became clearer and clearer. We sure do have some geniuses here in Jacksonville!

Submitted by Ann Butler, First Coast News
Monday, August 15th, 2011, 12:20pm
Topics: Crime

JACKSONVILLE, Fla. -- After her fifth 911 call, the caller was taken to jail, and she faces more charges because of what she wanted to bring along.

According to the Jacksonville Sheriff's Office, the first call was about a disturbance at a home on West Ninth Street in Springfield Sunday morning.

The caller, 33-year-old Kimberly Denise Peck, told the officer her purse was missing and her roommate was trying to kick her out.

The arrest report from the incident indicates the officer explained the eviction process and legal rights to Peck, then left the home.

Another 911 call about 20 minutes later sent the officer back to the home, and the officer told Peck 911 is just for emergencies, then left again, the report said.

Peck reportedly called 911 again at noon, and the officer returned, spoke to Peck, and left.

As the officer was driving away, two more 911 calls sent the officer back to Peck's home.

Peck then reported that she called 911 because she had found her purse, and called again to "cancel the police."

"Because I wanted to," is her answer according to the police report to why she kept calling 911, and the officer then moved to arrest her.

The officer reported that Peck resisted efforts to be handcuffed, but was eventually placed into custody.

Peck then asked to take her purse with her to jail, so the officer checked the purse. Two crack pipes were inside.

Peck said they weren't hers, but her roommates. She was jailed on charges of making false 911 calls, resisting arrest without violence and possession of drug paraphernalia.

She was booked on $7,500 bond.

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Suspect shot during South Florida eviction

2011-07-19T10:09:00.000-04:00

Source: The Palm Beach Post

Police say a man facing eviction set fire to his condo and ended up being shot by law enforcement.

Pembroke Pines police report that a Broward County deputy was serving an eviction notice Friday morning when the resident refused to answer the door. The deputy called Pembroke Pines police for backup, but before the officers arrived, the deputy reported that the man had set the home on fire.

A Pembroke Pines officer eventually arrived at the scene. Authorities say a fight broke out between the resident and the law enforcement officers. Shots were fired, and the resident, who hasn't been named, was hit several times. He was taken to a nearby hospital. Police weren't reporting who actually shot the resident.

The Broward Sheriff's Office and Pembroke Pines police were investigating.

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Ask a real estate pro: Why banks don't want to be landlords

2011-06-13T12:41:00.000-04:00

By Paul Owers
Source: The Sun-Sentinel

Board-certified real estate attorney Gary M. Singer answers housing questions each Friday. To ask him a question about short sales, mortgages, refinancing, homeowner's associations or any other residential real estate topic, click here.

Q: I am a tenant, and my landlord lost the home in foreclosure. The bank now is trying to evict me, even though I’ve asked to stay. The lender would be better off letting me remain in the property than throwing me out and allowing the home to be vacant for who knows how long. What gives? – Celeste

A: I understand your frustration. But banks often are not equipped to manage the responsibilities that come with being a landlord, so they generally avoid it. They’d rather sell the homes and get out of the real estate business, even though it may seem to make more sense to keep the properties rented. However, a bona fide tenant does have protection under a 2009 federal law. A bona fide tenant is a person -- not the parent, child or spouse of the foreclosed owners -- whose tenancy was the result of an arm’s length transaction resulting in the receipt of fair market rent. The tenant must be given 90 days’ notice to vacate or be allowed to stay until the end of the lease, unless the new owner (the bank) sells the property to someone who will live there and then gives the tenant 90 days’ notice. The tenant still has to pay rent to the bank during the remainder of the tenancy or be subject to eviction. Beyond the above restrictions, the bank is under no obligation to allow you to continue to stay in the house.

Q: A house in my homeowner’s association was foreclosed on in August and the title passed to the bank in October. The absentee owner had a tenant living there. The tenant moved out in November, but friends of the owner later moved in and have been squatters ever since. Maintenance fees have not been paid for over two years. It appears that the bank just dropped the ball on getting the people out. Can the HOA go after the bank for the unpaid fees since title passed in October? And what can be done to get these squatters out? – Kathy

A: Once the lender takes title to the property, it becomes the owner and is subject to the same HOA rules and penalties as anyone else. I recommend that you speak to the board about placing a lien on the property and maybe even foreclosing on the lender if it continues not paying the association dues. This is becoming a fairly common practice across Florida. As far as the squatters, your association has the right to collect rent from them and can evict them if they do not pay. Encourage your association to take action by speaking to its lawyer.

Q: My parents took out a home equity line of credit on their house, but only my father was on the note. He has since passed away. Does my mom need to continue paying the HELOC? – Bob

A: Yes. A HELOC, while a line of credit, is secured by a mortgage. If it’s not paid, it can result in foreclosure. Foreclosure is an available option to first mortgage holders and any other mortgage holders. Further, if your father has a probate estate, the lender can file a claim on the estate’s assets to get paid prior to distribution of your father’s heirs. Even worse, most HELOCs are variable rate, interest-only loans, and as such are ticking time bombs. Interest rates are likely to rise soon, and most analysts think they will rise significantly. Further, the HELOC eventually will enter a repayment phase in which both principal and interest have to be paid back over a short period of time. If there is equity in the home, your mother should consider refinancing the HELOC into a more traditional mortgage. If there is no other option, she should contact the lender about a loan modification that will allow for fixed interest payments that are affordable.

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Ask a real estate pro: Do I still owe the bank after a short sale?

2011-06-06T13:48:00.000-04:00

Lawyer and real estate consultant Gary M. Singer answers housing questions in this space each Friday. To ask him a question about short sales, mortgages, refinancing, homeowner's associations or any other residential real estate topic, click here.

Q: We recently completed a short sale and yesterday a collection agency called and told us that we still owed more money since the property was sold for less than what we owed the bank. Do we have to pay? – Dee

A: Maybe. You need to check the approval letter that your lender sent when it agreed to accept less than what was owed to release you from the mortgage. Did the letter also agree that it was releasing you from the full debt and would not pursue the deficiency between what is owed and what it received? If so, remind the collection agency that you were released from the debt and dispute the debt with them. If the agency continues to bother you, it is violating the law and you may be able to sue. However, if you were not released from the deficiency, you may owe the money. There is a difference between owing the money and having to pay. At this point, you may owe the money but the debt is not immediately enforceable. In order to enforce the debt (garnish your wages, levy your property, etc.) your creditor will first have to sue you, win and get a judgment. The creditor may not want to do this, and even if it does, you may have viable defenses to the debt or the suit may provide an opportunity to settle the debt for less than what is owed.

Q: We lost our foreclosure case and are afraid that the sheriff will throw us out. How does this process work? – Charmaine

A: After the court rules for a lender in a foreclosure case, you have roughly two to four months before you have to leave the home. Here's how the process works: The lender will get a judgment against the homeowner. The judgment will direct the clerk of court to sell the property at auction in 20 to 35 days, although lately it takes longer than that due to a backlog. The lender then will publish the notice of auction in a local newspaper and on auction day the public is allowed to bid on the home, as is the bank. If nobody outbids the lender, then the lender wins the auction. At this point, you have 10 days to object to any irregularities in the sale procedure. If there are none, or if your objection is found invalid, the clerk of the court will issue a certificate of title to the winning bidder. At this point, the winning bidder owns your home and you are an illegal occupant. That being the case, your lender will move the court for a writ of possession, which is a document directing the sheriff to put you out and place the lender in possession of the property. Once the writ is issued, it is transferred to the sheriff’s office to, within a few days to a few weeks, place a 24-hour notice on the property. At the appointed time, if you are still in the property, the sheriff’s deputy will come to the home and forcibly remove you. The bank’s representative will then change the locks and will place your belongings at the curb. If you try to go back in the house, you can be arrested for trespassing. Obviously, it is best to move out before any of this happens.

Q: We are in foreclosure and are trying to obtain a loan modification on our rental house. Our tenant found out about it and said that since we were not paying the mortgage, she would not pay the rent. Can she do that? – Steve

A: Not without being evicted. You continue to own your property when you are in foreclosure with all of the rights and responsibilities that go along with homeownership. This means that if your tenant does not pay the rent, she can be properly evicted pursuant to Florida law. Be aware that some mortgages contain an agreement allowing your lender to collect the rent, and if yours does, and the tenant is paying the rent to your lender pursuant to its proper request, you cannot evict the tenant. If this occurs, the collected rent will be credited to your account with your lender. I have found that it is best for homeowners in foreclosure to be up front with their tenants. Nobody likes surprises, so let them know what is going on and let them know that they still must pay the rent. You can remind them that their tenancy is protected by federal law so that even if you are foreclosed, they should be able to finish out their lease. If they do not pay their rent, I recommend taking immediate action toward eviction.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed, nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.

To follow Gary Singer on Twitter, click here.

Source: The Sun-Sentinel

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Nearly 20% of Florida Homes Are Vacant, Census Bureau Reveals

2011-03-29T12:22:00.000-04:00

Source: WalletPop

Florida can't seem to catch a break these days, especially when it comes to its housing market. First, the news (or not-so-news, if you actually live there) broke that Florida had the highest rate of foreclosures of any state in the union during the last quarter of 2010. And now, in a striking example of it pouring when it rains - even in the Sunshine State, another stunningly bad real estate stat: Nearly 20% of the homes, all homes, in Florida are vacant. Vacant as in no one lives there. At all. When almost 1 in 5 homes in a state are vacant, it gives new, economically dismal meaning to the phrase "no one's home."

This data, revealed by the Census Bureau, shows that 18% of all Florida homes, more than 1.6 million properties to be precise, have fallen into vacancy for one reason or another. To give this some context, this is a 63% increase in vacancies in the last 10 years. These homes largely fall into two categories: new homes that were built, and never sold in the first place, and homes that were once occupied, but have been foreclosed on, followed by the eviction of the homeowners.

But Florida's vacancy rates are extreme, even when compared to the other foreclosure hot spots: California only has an 8% vacancy rate and 16% of Arizona homes are unoccupied. Even Nevada, which has had more total foreclosures than any other state during the four-year-long real estate recession during the real estate recession, only has a 14% vacancy rate.

This is not good for Florida on multiple levels. First, vacant homes often turn into a liability to the surrounding neighborhood and community. These unattended spaces can become a haven for squatters and crime; they are also often unkempt, creating a visual blight -- an eyesore -- in the neighborhood. Additionally, many times these vacant homes are properties on which no one is paying the property taxes or homeowners association (HOA) dues, even though someone, somewhere -- be it the bank, the developer-owner or even an individual homeowner who is in the process of strategically defaulting on their home -- should be. These unpaid fees create a budget crunch for local governments and the other homeowners in the HOA.

Worst of all, these vacancies generally reflect a surplus of homes, in that there are simply more homes than there are people in the state to fill them. This steep surplus is the classic example of the kind of supply-demand imbalance that will keep housing prices low for a long, long time to come. New sales activity data shows that we're currently seeing the lowest rate of home sales, nationwide, that we've seen in the last nine years. At that rate, it could take years for the excess inventory on Florida's market to be absorbed, which will hamper the recovery of the Sunshine State's already troubled real estate market.

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Marion officials rescue dogs, goats and donkeys from RV and van

2011-03-07T15:30:00.000-05:00

Marion County Animal Services officials say they have rescued 37 animals, including dogs, goats and donkeys, from a motor home and van spotted in a Dunnellon parking lot.

The Dunnellon Police learned of suspicious vehicles at the Rainbow Square parking plaza on North Williams Street on Friday. An officer also noticed a strong animal odor coming from the vehicles.

Animal Control officers arrived at the scene and removed 37 live and at least 12 dead animals, according to a report put out today.

The animals found alive were kept in crates for the most part. The deceased animals were found in bags, coolers, boxes and crates. The rescuers found no food or water in the crates. They found a half bag of dog food in the motor home. The crates, meanwhile, were found with "layers of animal waste."

"Officers removed six pygmy goats, two donkeys and seven dogs from the van and two cats, 19 dogs and an African Grey bird from the motor home," the report states.

Dunnellon Police also removed owners Penelope Walker, 67, and daughter, Gina Walker, 44, from the scene.

Marion officials say the animals were brought to the Animal Center, given medical assessments and provided food, water and veterinary attention. The dogs were all severely underweight or emaciated, according to the veterinary staff. One dog was humanely euthanized because of its condition and suffering.

Animal Services plans to petition the court for custody of the animals and intends to work with police to bring animal cruelty charges against the owners.

The animals rescued are not yet available for adoption.

Source: The Orlando Sentinel

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Should community associations get into rent collections?

2011-03-01T14:18:00.000-05:00

New existing and proposed laws make it easier for associations to siphon rent payments from deadbeat owners

Florida law allows community associations to demand tenants of owners behind in maintenance payments to hand over rent payments — or face eviction. But does that mean your community association should jump into the rent collection business?

Craig Zeuner and fellow board members of his Boca Raton condominium community believe it's a good idea. They are trying to take advantage of the 8-month-old state law, but as of yet have not collected a dime in overdue fees.

"The theory behind the law is very sound; I think it's great," said Zeuner, president of the Casa Nueva condo association. "We have been attempting to collect rent payments from tenants. So far we haven't been successful. We haven't seen results. But the law is still new."

The board of directors of Casa Nueva, which oversees a community of 121 condo units, have sent out demand letters to three owners and their tenants in the past four months. The letters notify everyone that tenants could be kicked out if they do not re-route rent payments to the association instead of — and until the owners are current with association fees. "Nobody has responded yet. We don't know if they are ignoring us or what," he said. "Last night the board decided to go forward with the evictions."

The law gives renters 14 days to respond to a demand letter that must be sent via certified mail. After that, the association may move to post an eviction notice on the front door for a period of at least three days. If there is still no response, the association may file for an eviction action in county court.

Renters have some protection under the law. They are legally off the hook for owing the rent paid to the association in lieu of the landlord, which means the landlords may not seek to collect double rent. And if the tenant paid the owner shortly before receiving a demand letter, they can provide evidence of that payment within 14 days and will not have to begin handing over rent checks to the association until the following month.

Still, at least two legislative bills seek to give associations even more rent-collecting powers, further tilting things in favor of the associations.

One bill — filed by the association lobbying group Community Association Network — empowers associations to collect full instead of partial payments from tenants of delinquent owners, and to do so until the owner is current with past dues.

Another bill filed by Sen. Mike Fasano, R-New Port Richey, allows associations to file liens against properties to recoup fees owed to property management companies or property managers for services related to attempting to collect late payments from owners. Fasano's bill "will clarify the rights and responsibilities of the management company providing these services and allow the association to ensure that the additional expense is passed on to the delinquent owner," Yeline Goin said in an e-mailed statement. She is co-executive director of the Community Association Leadership Lobby, which supports Fasano's bill.

But rent collections could become a thorny venture, and financial success for a community may depend on many factors, including who collects and how.

"Some associations will be more skilled at collecting rent than others," said Donna Berger, of the community association law firm Katzman, Garfinkel and Berger and a guest blogger for the Sun Sentinel. "I have seen demand letters that were certainly not drafted with the tenant's sensibilities in mind. Starting letters with threats, ambiguities as to who owes what and a general disregard for the tug-of-war between tenant and landlords will not help an association achieve what it wants."

The cost of collecting brings up more questions. How much should an association or vendor charge to collect late payments? How much to send out a demand letter? How much to knock on a door or make a phone call?

"I have seen property collection fees of up to $200 for a single $150 assessment, and that was before the account was sent to an attorney. If the statute is changed to make that legal, then who knows what they will charge?" asked Jean Winters, an attorney in Boca Raton who specializes in representing individual owners of community associations. She also is a guest blogger for the SunSentinel.com Condos & HOAs page.

"Until recently, property managers did not typically charge homeowners for collections," Winters said. "If this bill passes, then property managers should be subject to regulation like the Fair Debt Collections Practices Act."

Source: Sun-Sentinel

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

New HOA law puts tenants in the middle

2011-02-21T11:30:00.000-05:00

You know the saying, "stuck between a rock and a hard place." That's what it feels like for Ryan Wipplinger and his three roommates in Fort Myers. They're suddenly in the middle of a dispute between the homeowner's association and their landlord.

The roommates are in the middle of the situation because of a new Florida law that's supposed to protect condo associations and responsible owners from the deadbeat owners next door.

The Florida law took effect last summer and allows homeowners associations to seize rental payments from tenants when owners owe debt or other community fees.

Richard L. Weldon, an attorney based in Naples, says he has represented hundreds of associations and tenants about this matter in Southwest Florida alone.

"Lawmakers had good intentions," said Weldon. "They were trying to fix a problem."

But the NBC2 Investigators uncovered those good intentions are leading to some unintended consequences in the real world.

Wipplinger rents a condo in a gated community just off Tamiami Trail from an owner who lives in New York.

Several months ago, the condo association came to Wipplinger and ordered him to start directing his monthly rental payments to them, bypassing the owner.

The owner had none of it.

Wipplinger says the owner demanded the tenants continue paying him, not the association.

Now Wipplinger and his roommates aren't sure who to pay, or what the consequences may be.

"What am I supposed to do?" asked Wipplinger.

Wipplinger just graduated from Florida Gulf Coast University last spring and is holding down a part-time retail job trying to figure out his future.

"Everybody's greedy. I understand we need to pay rent. We will pay rent. But everyone's saying ‘pay us, pay me, do this, do that," he said.

Wipplinger said he feels threatened with eviction from both the association and the owner, who both want to be paid rent.

NBC2 went to the lawmaker who wrote the law, which was then House Bill 419.

Representative Matt Hudson of Naples says he co-wrote the bill to fight the growing problem of owners who simply walk away from mortgage payments or community fees.

"I think [the law] puts tenants in a better position than they ever were before," said Hudson.

Hudson claims the law protects responsible owners from higher assessments that would otherwise be imposed because irresponsible owners aren't paying their fair share of community costs.

The law, he says, also ensures condo associations have the funds to maintain community areas and perform services, like pool cleaning and landscaping.

Condo associations are authorized to collect rental payments simply upon presenting a letter to tenants that claims their unit owner owes the association money. No court proceeding is required.

The law gives tenants, like Wipplinger, immunity from eviction actions brought by the owner, so long as the tenants pay the association and keep receipts.

However, in the real world, situations don't always work out so smoothly.

Wipplinger says his unit owner has been demanding rent money and showed up one morning pounding on their door.

The owner told NBC2 he disagrees with the association's claim that he is in debt to them.

Meanwhile, Wipplinger says he's paying the association, but says his roommate felt pressured into cutting a separate check for the owner.

"Both parties are trying to bully me," said Wipplinger.

Rep. Hudson couldn't offer any advice to Wipplinger, claiming he's never heard of situations like this before.

Tenants should know Florida law prohibits owners from changing the locks.

Source: http://www.nbc-2.com/Global/story.asp?S=14042965

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Orlando program makes it easier to evict criminals

2011-02-07T13:45:00.001-05:00

ORLANDO, Fla. -- It's about to get easier for property managers in Orlando to evict criminals.

The Orlando Police Department plans to roll out the Crime Free Multi-Housing program this week, a program that will have police working with managers at apartment complexes to identify problem tenants.

Property managers taking part in the program go through special training to earn security certification. An addendum is then inserted into leases at those complexes, stating that residents or their guests will not engage in criminal activity while living there.

When crimes are committed in Orlando, the suspects' names and addresses are entered into a database available to apartment managers enrolled in the program. If a tenant's name pops up, property managers can start the eviction process for violating the terms of the lease.

"This program is (aimed at) squeezing out all the people who just don't want to do right, so good people can have a nice, quiet place to live," Officer Derwin Bradley told the Orlando Sentinel.

The program began in Arizona during the 1990s after law enforcement officers grew tired of responding to apartment complexes where they often saw the same people committing crimes. Arizona officials say they've seen a 15 to 20 percent reduction in crime at participating complexes.

The Jacksonville Sheriff's Office, which started the program in 2008, now have two sergeants and two six-officer squads dedicated to the program.

Jacksonville Lt. Jimmy Ricks said the department has noticed a "remarkable" decrease in criminal activity since the program began.

Source: The Miami Herald

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Duval Judge Reports Forgery to Bar; Lawyer Denies Doing It

2011-01-30T13:21:00.001-05:00

Call it the case of the phantom signature.

Someone signed an eviction judgment where the judge's signature is supposed to go. Then it was tacked to the Jacksonville tenant's door five days after Christmas.

The landlord company's owner and attorney, City Council candidate David Taylor, denies it was him and said the tenant did it. The tenant said it wasn't her.

Duval County Judge Emmet Ferguson said he reported the matter to The Florida Bar.

"We really don't know who dated and signed this final judgment of eviction, but as far as the court knows, it wasn't a county court judge," Ferguson said. "Obviously, that's pretty outrageous."

The mystery surfaced during a Jan. 11 hearing in Ferguson's chambers. Taylor's Nine Point Holding Co. had filed for eviction against Tamara Devoe for being behind two months on her rent.

On Dec. 30, Taylor said he sent someone to post an eviction notice to the door of Devoe's Chenango Boulevard rental home off Edgewood Avenue North. He said the form was unsigned when it left his office, and his employee denied signing it.

"I directed a person to take that out there," Taylor said Thursday. "I'm ultimately responsible for Nine Point."

Attached to the notice was a sticky note reading: "Be out by Tues @ noon or will have your stuff put out to curb. Thanks." Taylor said he doesn't know where that came from either. He said it would have been "asinine" for him to tinker with the document because he was five days away from legally evicting Devoe.

Taylor said similarities between the signature and his made him suspicious.

"I was very troubled by it," he said. "I believe that the tenant signed that in an effort to get the attention off the real issue, which is that she didn't pay her rent for just under two months."

Devoe couldn't be reached for comment Thursday but in court told Ferguson she didn't know who left the notice on her door, according to a transcript obtained by The Times-Union.

This is not how most lawyers handle eviction proceedings. Normally the tenant would first receive a notice of a hearing from the court.

The Devoe case has since been resolved with Ferguson ordering her to pay back rent by Feb. 1 and resume regular payments in March or face immediate eviction. That order clearly bears Ferguson's signature.

Taylor is running for an at-large council seat in the March election and has been endorsed by the Fraternal Order of Police and the political arm of the Jacksonville Regional Chamber of Commerce.

In November, the Bar cleared Taylor of overbilling the state for court-appointed criminal defense work. But in December, a Bar grievance committee found probable cause for further disciplinary proceedings in another overbilling case that Taylor said Thursday he believes he has resolved.

"I have so many Bar complaints, they all run together," he said.

A Bar spokeswoman said she was unaware of the phantom signature matter.

Source: Florida Times-Union

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Foreclosures Keep Growing

2011-01-30T13:12:00.002-05:00

SEBRING - Real estate agents talk about "shadow inventory."

That's a term for foreclosed homes and, perhaps more importantly, homes that aren't quite foreclosed yet.

Last year, Highlands County Clerk of Courts Bob Germaine said 983 mortgages were foreclosed last year. However, that number is misleading, because it doesn't count the 1,552 pending foreclosures still in the system.

"A lot of these cases are just sitting there," Germaine said. "The banks are not taking them to court for one reason or another. This is the total number of foreclosures filed, but have not been sold. We're going to get another big spurt."

Nationally

"2011 is going to be the peak," Rick Sharga, a senior vice president at foreclosure watcher RealtyTrac Inc. told the Associated Press. The firm predicted 1.2 million homes will be repossessed this year.

If so, 2011 will the bleakest year since the U.S. housing meltdown started in 2006. One in 18 Florida households — compared with one in 45 nationwide — have received a foreclosure filing last year, RealtyTrac said.

The pace slowed in November and December as banks were challenged on whether they had the correct paperwork to foreclose homes. Some mortgages have been sold and resold upstream so many times, lenders halted under increased scrutiny from the government.

Sharga predicted banks will resume their eviction processes during the first quarter. With double-digit unemployment and the economy still struggling, more homeowners will be pushed underwater and more new foreclosures will be filed this year, he suggested.

Foreclosure activity jumped in 149 of the country's 206 largest metropolitan areas last year, RealtyTrac Inc. said. The pain will be most acute in states that are already hit hard, and that includes Florida.

Locally

Germaine didn't know when the 1,552 pending foreclosures would go through, but if 800 new actions are filed in 2011, this would be a record year. In 2009, 1,508 foreclosures was the previous high.

"I think he's right," agreed Steve Fruit, an agent with RE/MAX Realty Plus II in Lake Placid. "There are some cases where the banks have filed, but they haven't gotten the certificate of title yet. I have one client right now who is in a short sale. We have an offer on it, but they have already received a foreclosure notice."

Short of foreclosure, Fruit said, there are three more classes of troubled homeowners: mortgagees who have skipped payments and their banks have filed notice, people who surrender without a fight and offer their deeds in lieu of foreclosure, and short sales.

In a short sale, a troubled homeowner has usually gotten a notice from the bank and sells the home for less than the mortgaged amount. An example: the mortgagee owes $140,000, but the bank agrees to accept $120,000 from a buyer.

"People aren't going to build a house when they can buy a foreclosure at half the price," Germaine said.

New houses cost about $120 per square foot to build, said Eve Fay, an agent with MidFlorida of Lake Placid. "People aren't even exploring that avenue when they can buy for $65 a square foot.

Last year in Highlands County, only 85 single-family homes were built, and 49 were for workforce housing or Habitat for Humanity.

Of the 1,040 single-family homes sold last year, Fay said 130 were short sales. Of the 5,150 properties listed for sale, 285 are short sales. Those numbers don't count in the foreclosure list, but they could count in pending foreclosures.

"Banks are really trying to do short sales now, because the government is giving special funds for that," she said.

Source: Tampa Bay Online

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

Property Manager: Trailer Park Eviction Letters May Be Wrong

2011-01-24T10:02:00.002-05:00

Hundreds of tenants in one Warner Robins trailer park say they're facing eviction over money they don't owe.

About three hundred Holiday Riviera Trailer Park tenants received letters over the weekend -- some saying they owe thousands of dollars in rent.

Tabitha Rozier says hers says she owes $530 on a lot she's never missed a payment on.

"It's paid up until February 1st," says Rozier.

"We got the letter after we paid our lot rent."

Rozier and hundreds of other tenants in Holiday Riviera, including David Mathis -- whose letter says he owes more than $1,400 -- say they have ten days to pay or get out.

"Everyone has one of these," Mathis says.

Many in the trailer park, which is owned byFlorida company Affordable Housing Communities, are outraged by the letter.

They say the eviction notices, along with persistent sewage and trash problems, have made living there anything but "affordable."

"We have people who are receiving notices for tremendous amounts," says tenant Gloria Toliver.

"We don't believe there's any way we could owe this type of money and still be here."

Property manager Theresa Campbell, whose name is on the letters, says she did not send the eviction notices out and believes the corporate office may have sent them out in error.

Campbell thinks poor bookkeeping by previous property managers is why some have balances when they may not owe anything.

She say the eviction letters were worded badly too.

"They should have said, 'You have ten days to come talk to me,'" Campbell says.

She's asking anyone with concerns to come see her.

Affordable Housing Communities also owns Woodlands Apartments and Lands End in Warner

Robins, and Forest Place in Macon.

The company did not return our calls or email.

Source: 13WMAZ

Familes Could be Evicted From Mobile Home Park Because the Landlord Didn't Pay the Water Bill

2011-01-22T01:01:00.002-05:00

Tampa, Florida - People who live in the North Tampa Mobile Home Park off Nebraska and 142nd Street are facing eviction because the water may be cut off.

The rent is supposed to cover the water bill, but the park owes the Tampa Water Department more than $6,000 dollars. The owner is nowhere to be found and the mangers disappeared in the middle of the night like the Colts leaving Baltimore. This means the residents of the quickly deteriorating park face eviction.

Deborah Klenert, who is confined to a wheel chair, says she has nowhere to go and is going to be put on the street. Klenert says the city should not cutoff the water, because the people in the park are victims who are not responsible for the bill not being paid. She says they should not be punished for this.

Bill Langford, Hillsborough Code Officer, says many of the mobile homes in the park are uninhabitable and once the water is turned off no one can live here because every unit will be considered unsanitary and unsafe.

Not only are some of these units uninhabitable, but it gets worse, according to Langford due to exposed electrical boxes, this park could be a death trap. He says the power that was exposed is not basic electricity, but 220. He says if a child or an adult touched the exposed lines there is a good possibility it would result in death.

Meantime residents like William Sumlin say they if they move they don't have the money to pay first and last month rent. Sumlin says most of the people in the park are working pay check to paycheck and can't come up with an extra one or two thousand dollars.

After we talked to the people in the park, we contacted the Tampa Water Department and they agreed to allow the water to stay on until Monday. It gives some extra time to try to track down the owner or managers who may have the money for the bill.

In addition, the Wisconsin bank, which has the mortgage, may begin foreclosure proceedings and it has indicated it may pay the bill to protect its investment.

Source: 10News Tampa

The staff of Boot Your Tenant.com have worked in the legal field for over 20 years. Our team is comprised of experienced eviction professionals who take great pride in their work. We know the Jacksonville area, we know the courthouse staff, and we know the eviction process. No one will get your papers through the courthouse faster, or complete your eviction for less. Visit Boot Your Tenant for your Jacksonville Eviction or St. Augustine Eviction.

New Year Rings in Auctions & Evictions

2011-01-22T00:58:00.000-05:00

After a brief holiday lull, South Florida's foreclosure engines revved up again on Monday, as local courts and major lenders restarted the auction and eviction process for distressed homeowners.

In Miami-Dade and Broward counties, all foreclosure auctions and some evictions and new filings were put on hold for the last two weeks of the year, as banks and lenders gave homeowners a temporary reprieve for the Christmas season.

But the holiday ended Monday, as the first foreclosures of 2011 got under way.

In Miami-Dade County, 187 foreclosed homes went up for auction on Monday, the first batch of about 1,200 scheduled to be sold online to the highest bidders this month.

Gabi Salaverria of Plantation-based auction management firm RealAuction said the post-holiday bump in foreclosure sales was expected.

``Because those last two weeks of the year there were no auctions, you do normally see January a bit higher,'' she said. ``Most of our counties are like that.''

Broward County does not hold auctions on Mondays, so the first foreclosure auction sales of the year there will take place on Tuesday.

But the foreclosure court hearings did begin in Broward on Monday.

Around midafternoon, things were slower than usual, said court operator Barbara Brown, evidence that the foreclosure slowdowns initiated in October continue to have an effect.

Foreclosures have been moving at a slower pace ever since allegations of improperly signed court documents emerged in late September.

Still, court administrators are bracing for a potential flood of new filings once lenders clear up issues with shoddy documentation.

``I heard it's going to increase,'' Brown said. ``I've heard a lot of law firms are waiting on the go-ahead. I heard from one law firm that said they had a big box of new filings to bring in.''

There were more than 150,000 foreclosures in Miami-Dade and Broward counties in 2010, and thousands more homes waiting in line to complete the process.

Source: The Miami Herald

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Tampa TV Station Helps Landlord Get Refund From Eviction Service (NOT US!)

2011-01-22T00:27:00.000-05:00

SAFETY HARBOR, Florida - He thought a tenant who didn't write him checks would be his biggest headache. But it turns out an eviction specialist who disappeared with his check was a bigger one. Tom Brown owns a small apartment building near Downtown Safety Harbor and when one tenant stopped paying his rent in August, he went online and found Big Boy Evictions, a local company that charges to process eviction papers for you. They were even featured in a 2008 story on 10 News. The company charges a few hundred dollars more than the actual fees for the labor of going through the process. But Brown says when owner Martin Barrett came and picked up his check for $460, he wasn't heard from again in weeks. "I tried calling and his voicemail was full," said Brown. "I had a sick feeling because someone who does good business doesn't let your voicemail get full." Brown said he expected the entire eviction process to last just 14-21 days, but after a couple of weeks, he checked with Pinellas County and Big Boy Evictions never even filed any paperwork. So after filing the papers himself, he called 10 News, who found out a number of other customers had filed similar complaints against Big Boy Evictions with local authorities. Reached by phone, Barrett said some of his jobs "fell through the cracks" because the economy created so much work for his industry, approximately 50 eviction jobs per month. "We had an influx and increase in the eviction business," Barrett said. "So we outsourced some of our services to some other people...(and) some of the services weren't completed as promised." 10 News also found some of Barrett's other business ventures, including dabbling in real estate and product-pitching. Barrett said all of his unhappy customers were refunded and he eliminated the outsourcing to get the company back on-track. But when Brown's job was mentioned, he promised to refund his money the next morning. Sure enough, Barrett stayed true to his word and delivered a cash refund to Brown the next morning. The former client said he was "shocked and happy," but still advises other landlords to "educate yourself" because the eviction process is quicker - and potentially easier - if you fill the paperwork out yourself.

12/14/2010 - Source: 10 News, Tampa

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Court Records Show Misconduct at Nearly Every Stage of a Florida Woman's Refinance Experience

2011-01-22T00:25:00.000-05:00

MIAMI - All she wanted was $50,000 from the equity in her house to help pay the bills while looking for a job in nursing. What Imogene Hall got was a brutal lesson in the sometimes shady ways of the mortgage industry.

It's a lesson learned by untold numbers of homeowners in Florida, epicenter of the foreclosure crisis gripping the nation.

"Everywhere I turn, someone else is scamming me," said Hall, a 49-year-old Jamaican immigrant who stands to lose her Miami Gardens home on Monday. "All I do is work hard, and I get surrounded by thieves."

A review of court records found evidence of misconduct at nearly every stage of Hall's experience. Consider:

• Johnson Cuffy, a former mortgage broker now serving an 11-year prison sentence for grand theft, handled Hall's refinancing in early 2006, using a strategy a state investigator described as "outright mortgage fraud." He faces up to 30 more years in prison if convicted of 16 other mortgage fraud charges he's facing.

• The title agent who signed the crucial deed transfers on which Hall's fraud claim rests operated an unlicensed title company that stole more than $1.5 million from South Florida home buyers during closing proceedings between 2005 and 2007, according to Florida Supreme Court records.

• A man who listed his employer as a nonexistent Blockbuster Video store in New York somehow used Hall's home as collateral to secure a $230,000 loan from subprime lender Argent Mortgage.

• Hall's foreclosure was processed by the Florida Default Law Group, one of four Florida law firms being investigated by the state attorney general for using flawed documents to repossess homes from thousands of owners.

After spending more than three years in the judicial system, Hall's case was transferred to Miami-Dade's County Court's new foreclosure-only division in July. There, Judge Jeffrey Rosinek, who was fresh to the case, quickly tossed out Hall's fraud defense, and granted the bank a swift summary judgment in a process critics describe as a "rocket docket."

Hall's foreclosure defense lawyers, in what has become a booming -- and sometimes predatory -- business, charged her more than $20,000 while regularly failing to show up in court. One lawyer charged Hall $2,800 for work he did trying to withdraw himself from the case.

Law enforcement officers are scheduled to come to Hall's house to evict her and her family this week, nearly five years after a mortgage broker showed up on her doorstep unannounced, pitching a stress-free refinance.

Hall, who lives in the modest home with four children and three grandchildren, says her troubles began in late 2005 when she was struggling to find work as a home health nursing aide. As her bills piled up, she considered tapping into the equity she had built in her three-bedroom home. The market was booming, and homeowners all around her were using equity to take vacations, remodel kitchens and pay down consumer debt.

She says she received an unsolicited visit from Cuffy, manager of BlueKap Financial Group, who promised to handle a refinance and help her get $50,000 equity out of her home.

According to state investigators, Cuffy's strategy was steeped in fraud. In a scheme he allegedly used multiple times in South Florida, he recruited a "straw buyer" -- someone with no real intention of occupying the property -- to take the deed to Hall's home. He then used an inflated appraisal and the straw buyer's credit information to take out a $230,000 mortgage before transferring the deed back to Hall.

The Miami-Dade County property appraiser had valued the home at just under $132,000 the year before the loan was taken out.

John Swope, a Florida Department of Financial Services agent who has been investigating Cuffy and his entourage for the past three years, said the mortgage fraud ring made millions of dollars in Florida real estate transactions that closely mirrored Hall's.

"The loan is never anticipated to be paid back," he said. "Unfortunately, I've had people who have become homeless because of this individual."

Others involved in the sale -- closing agent O.J. Odunna, title issuing company Organized Title and BlueKap affiliate Cliff Johnson -- have all been either charged or convicted by law enforcement officials of mortgage-related offenses in other South Florida cases.

Unlike most homeowners fighting foreclosures, Hall claims she had been making her mortgage payments when she received a default notice from the bank. At the urging of Cuffy, she made monthly mortgage payments of $1,500 to Tamarac, Fla.-based BlueKap Financial, but the money was never used to pay the lender, she said.

Court records show that BlueKap sent her bogus receipts each month indicating "mortgage paid," but a few days after receiving her eighth receipt, she got a letter from Argent Mortgage saying the lender intended to foreclose on her home.

"None of the money I gave (Cuffy) went to pay the mortgage," said Hall, whose monthly mortgage bill more than doubled after the refinance. "Such a wicked man. He did nothing but lie to me."

Cuffy is currently serving an 11-year stint for grand theft, and faces a host of mortgage fraud charges, along with family members who helped him run the now-defunct BlueKap. Swope said the company targeted homeowners who were in distress.

A new judge, called back from retirement, made quick work of Hall's proceedings in August, approving the foreclosure in the type of swift hearing that many have criticized as a "rocket docket" that favors lenders. Between July and September, some 46,940 foreclosure cases in Florida were decided by summary judgment, according to the Office of State Courts Administration. Only 23 cases in the entire state went to trial.

Hall claims that during her 15-minute hearing, the judge did not allow her or her lawyer to get in a word.

"The first judge was so nice -- helping me, helping me," Hall said. "Then they (transferred) my case, and the second judge wouldn't listen to anything. He just said 'You're going to lose the house. You're going to lose the house.' "

Hall has had even worse luck with her legal representation along the way. Foreclosure defense is a growing business in Florida, where hundreds of thousands of homeowners are facing the prospect of losing their most valuable asset. Many are turning to lawyers and foreclosure rescue agencies.

Hall paid her first lawyer, Alan Soven, more than $10,000 to fight the foreclosure. At one point Judge Friedman rebuked the Miami lawyer for subpar legal work, and the Florida Bar ordered him to refund $2,000 in legal fees to Hall in a mediation settlement. With a $400 hourly rate, he charged Hall nearly $3,000 for the 7.2 hours he spent trying to get legal approval to quit the case, court records show.

Soven declined to comment on the case.

Hall's next lawyer, Johnny Kincaide of The Kincaide Law Group in Weston, Fla., routinely skipped crucial court hearings and failed to file a response to a court ruling, causing the judge to penalize Hall with an order of default. Kincaide's firm is being investigated by Florida Attorney General Bill McCollum after several homeowners said he promised to help them get a mortgage modification and then disappeared after taking their initial deposits. He did not return calls seeking comment.

The unlikely common denominator for all of this is a humble home on a quiet side street in Miami Gardens, where Hall has lived for 13 years. She paid just over $80,000 for the home in 1997.

Despite overwhelming evidence that Hall was likely a victim of mortgage fraud, Deutsche Bank won its foreclosure case, with a final judgment of $303,000 for the home, which the county appraiser valued at $98,310 this year.

Hall, who grows emotional when she talks about what now appears to be an inevitable eviction, says losing her home would be a devastating end to what has been a nightmarish ordeal. "I can't sleep at night -- I worry, worry, worry about where I'm going to go," she said. "I looked for help but nobody wanted to help me. I don't know what I'm going to do."

11/28/2010 - Source: Maine Sunday Telegram

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Lies Nearly Succeed in Getting a Woman her Ex-Husband's House

2011-01-22T00:20:00.000-05:00

A BETHELSDORP woman spun an intricate web of lies to get her hands on her ex-husband’s home – and almost got away with it. Mildred Ann Matroos yesterday pleaded guilty in the Commercial Crimes Court to three charges of fraud, admitting she had lied to the Master of the High Court, attorneys, the magistrate’s court and the Registrar of Deeds. She told the court that Michael and Ella Matroos were her parents-in-law until she divorced their son, Abraham, in 2004. She said she had been very close to them and felt “like their real daughter”. Michael and Ella were married in community of property and their major asset was a house in Sixth Avenue, Bethelsdorp. Ella died in 1988 and Michael died in July 2006. Michael left a will saying their estate must go to their eldest son, William, who was also appointed to be the executor.

While her father-in-law was alive Mildred paid for a flat to be built in Michael’s backyard. She lived there from 1984, then moved to Jacksonville. When she wanted to move back to the house after Michael died, she discovered there were tenants in the house.William told her that he had inherited the house. The other Matroos children were, however, very unhappy about this. Mildred then went to the Master of the High Court’s office and fraudulently pretended she was Michael’s only child and that he had died intestate. She completed the necessary documentation under oath to be appointed as the executor of his estate. In her fake capacity as executor she then applied to get the tenants of the Sixth Avenue house evicted. Meanwhile, William appointed lawyers to try to protect his interests. Unbeknown to him, Mildred then also went to the Master’s Office to gain control over her former mother-in-law Ella’s estate as she technically owned half the house. She then successfully applied for the house to be transferred into her name in 2008, before renewing her efforts to have the tenants evicted. Just before judgment in her eviction application, William finally filed a criminal charge against her. The Asset Forfeiture Unit also applied for her estate to be frozen so that she could not sell the house. Mildred will be sentenced next Friday. “I feel a little bit better about what happened,” William said. “I am not angry at her. The point is that it is my father’s property and I inherited it.”

11/28/2010 - Source: Weekend Post - South Africa

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Understanding Eviction after Foreclosure

2011-01-22T00:13:00.000-05:00

There seems to be a lack of understanding between the owners of what happens once the foreclosure process is completed and the eviction process has begun. Most homeowners mistakenly believe that the sheriff shows up to evict them within hours or days after the sheriff sale. However, it is simply not true that the eviction process can take longer than the actual process of foreclosure, according to state law. If a family fails to stop the foreclosure to save their home, there may be legal protections in place to give foreclosure victims a chance to begin repairing the damage caused by foreclosure.

The process that the bank must follow after the foreclosure is determined by that state’s foreclosure laws. This is one of the main reasons that it is recommended that homeowners look up the relevant laws, in order to determine how the foreclosure process will be conducted and how much time they have to save their home or stay in the home after the foreclosure auction. Certain Member States provide victims with a period of redemption after the foreclosure sale, which is a period of time after having lost their homes that they can continue to live in the property.

Once you begin the process of eviction, however, the owners not only if kicked in the street. They will be sent the documents by lawyers for the bank or the judicial system stating that the creditor has found a demand for possession of the property. To come into possession of the bank indicates thatpurchased the house at the sheriff sale and is now the legal owner of the property. They will ask the court to order the county sheriff to evict any persons or belongings that are still occupying the property.

Also, in most cases the sheriff will post a notice of eviction on the property itself, indicating the specific date that the locks will be changed and all people and property will be removed. This may be a five- or three-day notice, again depending on the specific state foreclosure laws and the county’s own procedures. However, a notice being posted on the property is not always guaranteed, so it is important to check with the state or county to find out the exact procedures before the eviction happens.

Homeowners who are currently worried about being evicted at any time should take back control of the situation and find out how much actual time they have left. The best place to begin asking questions is with the county sheriffs department. They will be able to inform the foreclosure victims of any pending orders for possession of the house, or if the court has not yet ordered the eviction. If there is no scheduled eviction, homeowners should call the county courthouse to determine if there is a hearing coming up, what the process will be after the sheriff sale, and how much time they have left to find a new place to live.

Not knowing when or if an eviction is scheduled is often much worse than knowing exactly when the sheriff will be there to evict all. The mere fact of knowing when to be on the property owners to provide a better framework for planning the future of their family after the kidnapping.

Many owners have a misconception that once the sheriff sale of the property has been made, have lost all ability to stop foreclosure. However, there are legal mechanisms to prevent victims being evicted eviction randomly at the whim of the bank excluded. The owners should notbe supported by campaigns of fear, the self-proclaimed experts to block threatening them with the possibility of the sheriff showing unexpectedly to throw them out of the house. Even the sheriff of the county is a human being and the sheriffs department will know exactly when the eviction will be conducted. Prefer not forcibly remove anyone from the property if the owners are dutifully working on a plan to leave the property clean and empty when thesheriff does show up.

11/15/2010 - Source: Jacksonville Mortgage Refinancing

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