Filed: Mar. 05, 2014
Latest Update: Mar. 05, 2014
Summary: ON CONFESSION OF ERROR PER CURIAM. Angie M. Almonor ("Almonor") appeals from an October 16, 2012, order authorizing a writ of possession in favor of Federal National Mortgage Association ("FNMA"), predecessor to the appellee, JPMorgan Chase Bank, N.A. ("Chase"). After FNMA obtained a judgment of foreclosure and certificate of title, it sought a writ of possession for the condominium unit in which Almonor was, and apparently still is, a tenant. Almonor objected to the issuance of the writ, as
Summary: ON CONFESSION OF ERROR PER CURIAM. Angie M. Almonor ("Almonor") appeals from an October 16, 2012, order authorizing a writ of possession in favor of Federal National Mortgage Association ("FNMA"), predecessor to the appellee, JPMorgan Chase Bank, N.A. ("Chase"). After FNMA obtained a judgment of foreclosure and certificate of title, it sought a writ of possession for the condominium unit in which Almonor was, and apparently still is, a tenant. Almonor objected to the issuance of the writ, ass..
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ON CONFESSION OF ERROR
PER CURIAM.
Angie M. Almonor ("Almonor") appeals from an October 16, 2012, order authorizing a writ of possession in favor of Federal National Mortgage Association ("FNMA"), predecessor to the appellee, JPMorgan Chase Bank, N.A. ("Chase").
After FNMA obtained a judgment of foreclosure and certificate of title, it sought a writ of possession for the condominium unit in which Almonor was, and apparently still is, a tenant. Almonor objected to the issuance of the writ, asserting that FNMA failed to comply with the federal Protecting Tenants at Foreclosure Act of 20091 (the "Act") in seeking the writ. Specifically, Almonor claimed that she had a bona fide two-year lease for the unit, which commenced on February 1, 2011, and terminated on January 31, 2013, and that under the Act, FNMA was required to honor her lease until the end of its term. Over Almonor's objection, the trial court issued the order on appeal, directing the issuance of a writ of possession.2
Chase concedes that the order was entered in error for the sole reason that it failed to permit Almonor, as a bona fide tenant under the Act, to occupy the unit until the end of the lease term on January 31, 2013. On that basis, we agree. Accordingly, because the order failed to state that the writ was not to take effect until January 31, 2013, we reverse the order authorizing a writ of possession.
Reversed and remanded.
