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Florida Abandoned Property Act Would Require Securing Wait Period

Updated 4/30/21: HB 1393 died in the Insurance & Banking Subcommittee.

HB 1393 Info/Actions

Updated 3/5/21: The following actions relating to HB 1393 have taken place following its introduction:

• Referred to Insurance & Banking Subcommittee
• Referred to Civil Justice & Property Rights Subcommittee
• Referred to Commerce Committee
• Now in Insurance & Banking Subcommittee

 

Legislation Update
February 26, 2021

Source: The Florida Senate (HB 1393 Full Text/Info)

Additional Resource:

The Florida Senate (SB 1808  Full Text/Info)
*Companion Bill

Abandoned Residential Real Property; Provides remedies for abandoned residential real property, including authorizes entry on property for abatement & maintenance; requires notices; authorizes removal of property; authorizes county or municipality to abate nuisance & recover costs of abatement; limits liability; authorizes emergency entry on property.

Text Snippet

Section 5. Section 702.17, Florida Statutes

173 (5) At least 7 days before the mortgagee or mortgage
174 servicer, or a designee, enters the property, a notice must be
175 posted on the front door that includes the following
176 information:
177 (a) A statement that until foreclosure and sale are
178 complete, the property owner or mortgagor has the right to take
179 possession of the property.
180 (b) A statement that the property owner or mortgagor has
181 the right to request that any locks installed by the mortgagee
182 or mortgage servicer, or a designee, be removed and replaced
183 with new locks within 24 hours after such request which are only
184 accessible by the property owner or mortgagor.
185 (c) A toll-free, 24-hour telephone number that the
186 property owner or mortgagor may call in order to notify the
187 mortgagee or mortgage servicer that the property is not
188 abandoned and to gain timely access to the property.
189 (6) All records of entry made under this section must be
190 maintained by the mortgagee or mortgage servicer for at least 4
191 years after the date of entry, or longer if a legal proceeding
192 relating to the property is pending.
193 (7) If, upon entry, the property is found to be lawfully
194 occupied, the mortgagee or mortgage servicer, or a designee,
195 must leave the property immediately and notify the appropriate
196 county or municipal authority. Thereafter, the mortgagee or
197 mortgage servicer, or a designee, may not enter the property
198 absent other authority to do so.
199 (8) A county or municipality is not liable for any damages
200 caused by any act or omission of the mortgagee or mortgage
201 servicer, or a designee.

To view full bill text, please click the source link above.

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CEO

Alan Jaffa

Alan Jaffa is the Chief Executive Officer for Safeguard Properties, steering the company as the mortgage field services industry leader. He also serves on the board of advisors for SCG Partners, a middle-market private equity fund focused on diversifying and expanding Safeguard Properties’ business model into complimentary markets.

Alan joined Safeguard in 1995, learning the business from the ground up. He was promoted to Chief Operating Officer in 2002, and was named CEO in May 2010. His hands-on experience has given him unique insights as a leader to innovate, improve and strengthen Safeguard’s processes to assure that the company adheres to the highest standards of quality and customer service.

Under Alan’s leadership, Safeguard has grown significantly with strategies that have included new and expanded services, technology investments that deliver higher quality and greater efficiency to clients, and strategic acquisitions. He takes a team approach to process improvement, involving staff at all levels of the organization to address issues, brainstorm solutions, and identify new and better ways to serve clients.

In 2008, Alan was recognized by Crain’s Cleveland Business in its annual “40-Under-40” profile of young leaders. He also was named a NEO Ernst & Young Entrepreneur Of The Year® Award finalist in 2013.

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Esq., General Counsel and EVP

Linda Erkkila

Linda Erkkila is the General Counsel and Executive Vice President for Safeguard Properties, with oversight of legal, human resources, training, and compliance. Linda’s broad scope of oversight covers regulatory issues that impact Safeguard’s operations, risk mitigation, strategic planning, human resources and training initiatives, compliance, insurance, litigation and claims management, and counsel related to mergers, acquisition and joint ventures.

Linda assures that Safeguard’s strategic initiatives align with its resources, leverage opportunities across the company, and contemplate compliance mandates. She has practiced law for 25 years and her experience, both as outside and in-house counsel, covers a wide range of corporate matters, including regulatory disclosure, corporate governance compliance, risk assessment, compensation and benefits, litigation management, and mergers and acquisitions.

Linda earned her JD at Cleveland-Marshall College of Law. She holds a degree in economics from Miami University and an MBA. Linda was previously named as both a “Woman of Influence” by HousingWire and as a “Leading Lady” by MReport.

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COO

Michael Greenbaum

Michael Greenbaum is the Chief Operating Officer of Safeguard Properties, where he has played a pivotal role since joining the company in July 2010. Initially brought on as Vice President of REO, Mike’s exceptional leadership and strategic vision quickly propelled him to Vice President of Operations in 2013, and ultimately to COO in 2015. Over his 14-year tenure at Safeguard, Mike has been instrumental in driving change and fostering innovation within the Property Preservation sector, consistently delivering excellence and becoming a trusted partner to clients and investors.

A distinguished graduate of the United States Military Academy at West Point, Mike earned a degree in Quantitative Economics. Following his graduation, he served in the U.S. Army’s Ordnance Branch, where he specialized in supply chain management. Before his tenure at Safeguard, Mike honed his expertise by managing global supply chains for 13 years, leveraging his military and civilian experience to lead with precision and efficacy.

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CFO

Joe Iafigliola

Joe Iafigliola is the Chief Financial Officer for Safeguard Properties. Joe is responsible for the Control, Quality Assurance, Business Development, Marketing, Accounting, and Information Security departments. At the core of his responsibilities is the drive to ensure that Safeguard’s focus remains rooted in Customer Service = Resolution. Through his executive leadership role, he actively supports SGPNOW.com, an on-demand service geared towards real estate and property management professionals as well as individual home owners in need of inspection and property preservation services. Joe is also an integral force behind Compliance Connections, a branch of Safeguard Properties that allows code enforcement professionals to report violations at properties that can then be addressed by the Safeguard vendor network. Compliance Connections also researches and shares vacant property ordinance information with Safeguard clients.

Joe has an MBA from The Weatherhead School of Management at Case Western Reserve University, is a Certified Management Accountant (CMA), and holds a bachelor’s degree from The Ohio State University’s Honors Accounting program.

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Business Development

Carrie Tackett

Business Development Safeguard Properties