Full Opinion

Third District Court of Appeal State of Florida Opinion filed March 19, 2020. ________________ No. 3D19-2360 Lower Tribunal No. 16-23946 ________________ Stephen Taylor, Appellant, vs. Federal National Mortgage Association, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Maria De Jesus Santovenia, Judge. Stephen Taylor, in proper person. Kahane & Associates, P.A., and Wm. David Newman, Jr. (Plantation), for appellee. Before SALTER, LINDSEY and MILLER, JJ. PER CURIAM. 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. 2