Fowler White Development eNews

Administrative Order Impacting Foreclosure Litigation


Donald Kirk	Tirso Carreja	Thomas Seider

In the Twelfth Judicial Circuit for Sarasota, Desoto, and Manatee County, a recent administrative order (Administrative Order 2012-3.1) has established a new procedure requiring that two “circuit liaisons” be appointed by any plaintiff having filed five or more foreclosure actions in the circuit. One circuit liaison must be an attorney, and the other a representative of the entity servicing the plaintiff’s mortgages, if any, and, if none, a representative of the plaintiff. Plaintiff’s counsel must provide a written notice of the name, phone number (including extension), email, and mailing address of both liaisons. A plaintiff’s liaisons are expected to act as the court’s point of contact for all pending foreclosure cases, and must be “capable of answering questions concerning the administrative status of pending cases and the party’s internal procedures relating to the processing of foreclosure cases, and be readily accessible to discuss administrative and logistical issues affecting the progress of the plaintiffs cases through courts of the Twelfth Circuit.” The Administrative Order went into effect January 21, 2012. For more information, please contact Donald Kirk, Tirso Carreja, or Thomas Seider.

The Power of Experience

Ronald H. Noble is a shareholder in the Government, Environment and Real Estate Practice. He represents clients in all areas of environmental due diligence, permitting, and regulatory compliance. Other practice areas include hazardous and solid waste regulation, wastewater treatment enforcement and permitting, environmental representation for land use and zoning matters, petroleum storage systems, and negotiation of consent orders and related environmental enforcement actions with local agencies, DEP, EPA and the Department of Justice.

His representations include coordination with the full spectrum of local, state and federal regulatory agencies. Additional areas include representation of potentially responsible parties identified by EPA under CERCLA, environmental due diligence for real property acquisitions and advising clients with respect to regulatory compliance in the following areas: Clean Water Act (CWA); Superfund (CERCLA); RCRA (Resource Conservation and Recovery Act); Underground storage tanks; Asbestos; and PCBs.

He is AV peer review rated by Martindale-Hubbell. Mr. Noble received his B.A. from Miami University of Ohio and his J.D. from Ohio State University Moritz College of Law.

State Judge Sides with Volusia County on Farmton Local Plan

A state administrative hearing judge ruled against a coalition of environmental advocates, siding with Volusia County on the question of whether the Miami Corp.'s proposed Farmton Local Plan should be allowed to go forward. Edgewater resident Barbara Herrin, the Sierra Club of Florida and the Edgewater Citizens Alliance for Responsible Development had challenged Volusia County's approval of the company's plan for 47,000 acres it owns between Osteen and the Southeast Volusia city.
Read full story at Daytona Beach News-Journal.

Lake County Approves Rezoning for 1,600-Home Four Corners Project

After a long drought in new construction, Lake County is a step closer to getting 1,600 new homes in the Four Corners. County commissioners approved a rezoning necessary for the developer to move ahead with Avalon Groves, which will become the largest residential project to spring up in the region in the past three years.
Read full story at Orlando Sentinel.

Lakewood Ranch Ranked Among Top 10 in 2011 Real Estate

Lakewood Ranch is ranked among the 2011 top-selling master planned communities in the nation by California-based John Burns Real Estate Consulting. Lakewood Ranch was ranked No. 9 on the national list, with 391 new home sales in 2011.
Read full story at Sarasota Herald-Tribune.

Polk County Commissioners Approve Enterprise Zone

County commissioners voted unanimously to pursue approval to establish an enterprise zone in unincorporated Polk County. The program is intended to encourage development or redevelopment of economically depressed areas.
Read full story at The (Lakeland, Fla.) Ledger (free reg. req'd).

Longboat Key to Overhaul Land-Use Regulations

Longboat Key land-use regulations are getting an overhaul in two ways -- urgently and "surgically" when it comes to Planned Unit Development policy -- and "holistically" when it comes to the rest of the island.
Read full story at Longboat Key News.

Officials Present Vision for Future Polk County Development

A team of public and private officials presented an ambitious vision for a future development corridor between Berkley Road and the Polk Parkway on the western edge of Auburndale. The vision presented to Polk County commissioners includes research business parks, hotels and convention facilities, and new residential and retail development.
Read full story at The (Lakeland, Fla.) Ledger (free reg. req'd).

Developer of West Palm "Transit Village" Told to Scale Back Plans

A developer planning to build a massive "transit village" of condominiums, offices and stores near the Tri-Rail station in downtown West Palm Beach will have to scale back his plans before the project can move forward, county commissioners said. The commission unanimously agreed to continue work on the decade-old plan, despite the objections of nearby property owners, who fear the proposed development will overburden roads and lure tenants away from other buildings in the area.
Read full story at The Palm Beach Post.

Plan to Rezone East Miramar for Mixed-Use Development Questioned

A proposal to rezone parts of east Miramar and encourage mixed-use redevelopment was met with skepticism by many residents at a recent public meeting. The city intends to create a Transit Oriented Corridor by rezoning 440 acres, bordered on the south by County Line Road, on the north by Pembroke Road, to the east by State Road 7, and to the west by parts of Southwest 61st, 64th and 66th Avenues.
Read full story at South Florida Sun-Sentinel.

Construction of Brickell House Could Boost Downtown Miami Market

After five years of foreclosures and abandoned condo buildings, downtown Miami may be making a comeback. The proof is 374 units under construction. It's called The Brickell House and it is the first major project to break ground in the area since 2008.
Read full story at Local 10.