Order: LASALLE BANK NATIONAL ASSOCIATION, vs. MADUREIRA, JEAN C et al

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                                IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                       IN AND FOR ORANGE COUNTY, FLORIDA


LASALLE BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR MSM 2007-7AX,

       Plaintiff,
                                                   Case No.: 48-2008-CA-10361-O
                                                   Division: 32A

JEAN C. MADUREIRA, et.al.,

       Defendants.
                                                        /

  oO   IER ON EX-PARTE           MOTION    Ri     ESTING    TO STOP       FORECL!     RI
       Adjudged that:

       The court has read movant, Zelita Williams’ Motion Requesting to Stop

Foreclosure Sale and finds:

       1            Ms. Williams occupies the mortgaged property as a tenant with an option

to purchase from the owner, defendant, Jean C. Madureira.

       2            The property is scheduled to go to foreclosure sale at 11:00 a.m. on

Monday, January 11, 2010 in the Orange County Courthouse, Room 350.

       3            The foreclosing lender has no legal obligation to negotiate with Ms.

Williams or to agree to any short sale.

       4            Ms. Williams rights at this point, as | understand them, are to bid for the

property at the foreclosure sale and the provisions of the Helping Families Save Their

Homes Act of 2009, 12 U.S.C. 5201.          The Act provides that a party acquiring title through

foreclosure sale takes subject to the interests of tenants as follows:

                    a       If the property is occupied by a bona fide tenant who has an

unexpired written lease then the party acquiring title at the foreclosure sale shall honor

all terms and conditions of the existing lease. The tenant must also honor all terms and

conditions of the existing lease. However, if the party acquiring the property at
foreclosure sale intends to occupy it as their primary residence then they may terminate

the lease by giving the tenant a 90 day written notice before terminating the tenancy.

Until the lease is terminated both parties must perform all terms and conditions of the

existing lease.

                   b.     If the property is occupied by a bona fide tenant without a lease or

with a lease terminable at will under Florida law then the party acquiring title through

foreclosure sale shall give the tenant a minimum 90 day written notice before terminating

the tenancy.      Until the tenancy is terminated both parties must perform all terms and

conditions of the tenancy.

                   C,     If the tenant is a participant in the Section 8 voucher program the

new owner takes the property subject to the Section 8 lease and the Section 8 Housing

Assistance Payments contract provided however, if the new owner wants to live in the

property then he shall give the tenant a minimum 90 day written notice before

terminating the tenancy.      Until the tenancy is terminated both parties must perform all

terms and conditions of the tenancy.

A lease or tenancy is considered bona fide only if:

                   a,     The mortgagor or the child, spouse, or parent of the mortgagor

under the contract is not the tenant,

                   b      The lease or tenancy was the result of an arms-length transaction;

and

                   Cc.    The lease or tenancy requires the receipt of rent that is not

substantially less than fair market rent for the property or the unit's rent is reduced or

subsidized due to a Federal, State, or local subsidy.

        5          The court is sympathetic to the situation Ms. Williams has described in her

motion but it knows of no legal reason to stop the foreclosure sale and therefore, her

motion is denied.
LaSalle Bank National Association as Trustee, etc. v. Jean C. Madureira, et. al.,
Case No.: 48-2008-CA-10361-O



       Ordered in Chambers at Orlando, Orange County, Florida on this t         day of

January, 2010.




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                                                     Thomas     . Smif
                                                     Circuit Judge




Copies furnished to:

       Law Office of David J. Stern, P.A.
       Jean C. Madureira
       Richard E. Larsen, Esquire
       Mortgage Electronic Registration Systems, Inc.
       Zelita Williams
       Barry N. Brumer, Esquire