Where a three day notice is mailed to the tenant, or requires payment to a PO Box, or payment is to be sent out of the county in which the leased premises is located, five additional days must be added to the due date on the 3 day notice. The five additional days for mailing may count weekends and holidays as part of the five days, unless the fifth day falls on a weekend or holiday, in which case the due date shall be the next business day. NGUYEN vs. BROWN, County Court, 3rd Judicial Circuit in and for Columbia County, Civil Division. Case No. 08-442-CC. April 15, 2008. 15 Fla. L. Weekly Supp. 710a.
|Old Republic Title Insurance Company reports seeing a number of claims in Florida emanating from forged deeds on foreclosed, bank-owned properties. The forged deeds are into trusts and the transaction insured is the one out of the trust. Florida is ripe for this scam as the properties may sit in bank REO for many months prior to sale.
The sequence is as follows:
Because it is easy to vary the name of the person acting as an officer of the lender and the grantee, this type of scam does not lend itself to our usual “red flag” process. It does require vigilance on the part of the lender and the title agent. The most consistent indicia of a fraudulent deed are that the grantee is a trust and only nominal stamps are paid for the transfer to the trust.
If you suspect an REO deed in your chain of title is fraudulent, please check with the actual lender (not the office or officer appearing on the deed) to confirm the validity of the deed; you may also direct your questions and concerns to The Fund’s Underwriting Department at 1-800-432-9594.
The parties entered into a residential lease. Prior to moving in, the Plaintiffs (tenants) paid the Defendant (landlord) one-month’s rent. Pursuant to the agreement, the Plaintiffs were supposed to pay an additional sum prior to taking occupancy, $8,100.00 (comprising two-months’ additional rent and a security deposit). The day the Plaintiffs were to take occupancy, they showed up with only $5,400.00. The Defendant declined to allow occupancy.