TAYLOR v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (2020)

District Court of Appeal of Florida, Third District.

Stephen TAYLOR, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee.

No. 3D19-2360

Decided: March 19, 2020

Before SALTER, LINDSEY and MILLER, JJ.

Stephen Taylor, in proper person. Kahane & Associates, P.A., and Wm. David Newman, Jr. (Plantation), for appellee.

On Confession of Error

This appeal was commenced by Stephen Taylor, the tenant in a residential property foreclosed upon by the mortgagee. The high bid at the foreclosure sale was assigned to the appellee, Federal National Mortgage Association (“FNMA”), which then obtained title and a writ of possession. Mr. Taylor filed an emergency motion to stay the writ of possession by virtue of his lease and tenancy. That motion was denied by the trial court, and this appeal followed.

FNMA has now properly and commendably filed a confession of error acknowledging that a writ of possession may not be executed until Mr. Taylor's tenancy expires (March 31, 2020), as provided by the federal Protecting Tenants at Foreclosure Act of 2009, 12 U.S.C. § 5201 et seq. We reverse and vacate the order denying Mr. Taylor's emergency motion and any current writ authorizing FNMA to take possession prior to April 1, 2020.

Reversed and order vacated pursuant to the appellee's confession of error.

PER CURIAM.

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