FNMA (Fannie Mae) acquired title to a rental property though foreclosure. Their attorneys, the Alberti Law Group, who do all of their foreclosures in Florida, were apparently unaware that four years ago, Congress passed a law known as the “Protecting Tenant’s Under Floreclosure Act.” The PTFA requires a foreclosure buyer to give a tenant a 90 day notice to vacate before applying to the court for a writ of possession. Albertelli Law provided a 30 day notice of lease termination and then filed for eviction. In the case of FNMA v. Jenkins, the court dismissed such an eviction action, ruling that the 30 day notice violated the PTFA and thus failed to terminate the tenancy. A proper termination of tenancy is a condition precedent to filing a complaint for eviction. Thus the court dismissed the complaint for eviction without leave to amend and awarded costs and attorney’s fees to the Tenant. The court, however, awarded the rent in the court registry to the Plaintiff. One wonders how wide spread such violations of the PFTA by lenders actually are!
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FEDERAL NATIONAL MORTGAGE ASSOCIATION, , v. JENKINS, County Court, 5th Judicial Circuit in and for Lake County. Case No. 2013-CC-002181-O. September 30, 2013. Honorable Terry T. Neal, Judge. 21 Fla. L. Weekly Supp. 73b