Page 9 - Boca ViewPointe - February '21
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February 2021                                                    Viewpointe, Page 9

      Your Heart Can Hear

      By Judith Levy                                     much trouble to try to figure out what these mumblers are   now you can hear the kind words saying, “I love you” and
                                                         saying, and they do mumble. Additionally, it’s hard not to   all the gentle tender affectionate sounds and warmth that
         An integral part of an                          get your feelings hurt when that weary look comes across   you remember.
      older persons’ vocabulary                          the face of the person who is going over again what you      Just shut the television, disregard the street noises,
      is,  “What  did  you  say?”                        didn’t hear. They are now not just repeating what they said,   ignore the phone, and listen quietly. What was it that your
      or  “What”  or  just  an                           they are shouting as though you’re some kind of jerk who   mother always said? What advice did your Dad tell you
      unadulterated “Huh?”                               needs high volume to comprehend.                  to keep in mind? What did your husband say when he
      Hearing seems to diminish                             Most of us don’t go to the movies anymore, so we watch   proposed? What was your baby’s first word? What were all
      in most seniors and hearing                        television which has many actors from the who knows what   the special unforgettable phrases that warmed you through
      aids can only help just so                         they just said school of acting called, you’d better read the   the years. They will come back to you clearly, because
      much. Many people forget                           sub titles if there are any, or you’re not going to understand   without a doubt, your heart can hear.
      to charge the devices, or leave them home or lose them,   a word. Not only do the actors drop their voices to a garbled
      so in the end they give up and many times they just nod   whisper, lately they’ve been talking faster than ever.      Judith Levy is the New York Times best-selling
      and pretend to hear what you just said for the third time.      But I have hope for the future. When someone, like a   author of  GRANDMOTHER REMEMBERS, which
      In a car or restaurant, the problem is exacerbated. If you   parent or dear friend is gone, you miss them and you wish   has sold over four million copies, and the mega best-
      are in a group you shake your head when you have trouble   you could hear them again. Well, you can. Gone is the   seller  GRANDFATHER REMEMBERS, published by
      hearing and you let the rest of them chatter on. It’s too   mumbling, the unintelligible sounds that you missed, but   HarperCollins. 

      Avoiding The Effects Of The Latest Hud

      Foreclosure/Eviction Moratorium

         As many of you likely already know, the federal   association will be able to finish its own foreclosure   amounts, the sooner the foreclosure process concludes,
      government, through the United States Department of Housing   action resulting in a foreclosure sale.  the sooner the associations can begin to receive regular
      and Urban Development (“HUD”) and the CARES Act issued      Second, the moratorium excludes vacant or abandoned   payment of its assessments. In those situations that the
      moratoriums of mortgage foreclosures and evictions for non-  properties. In other words, if the residents of the property   moratorium does affect the foreclosure process, there is
      payment of rent. On December 17, 2020, HUD issued its   have already vacated the subject property, the moratorium   no reason why associations  cannot  pursue  motions to
      Mortgagee Letter 2020-43, which extended the foreclosure   does not apply, and foreclosure and/or eviction may   have mortgage foreclosure sales rescheduled after the
      and eviction moratorium as a result of COVID-19. With this   proceed in the ordinary course. This is important to keep   moratorium is set to expire, and in that way try to ensure
      latest order the moratorium on residential foreclosures and   in mind, because often the banks holding the mortgages   the case comes to a swift conclusion once the moratorium
      evictions is extended until February 28, 2021.     do not have any idea on the status of the occupancy of the   expires.
         There are, however, a couple of important caveats   unit, and as a result will assume the property is occupied.      Third, the moratorium only applies to FHA-insured
      to this order. First, it is important to keep in mind that   This assumption will usually cause the banks to treat all   mortgages. Therefore, non-FHA mortgages, privately held
      the  moratorium  does  not  prevent  a  condominium  or   properties as being affected by the moratorium summarily   mortgages or non-residential mortgages are not restricted
      homeowners association from seeking foreclosure for   delaying the proceedings. Through  close consultation   from filing foreclosure or eviction. This is similarly worth
      unpaid assessments. Accordingly, we have advised   with the associations where many of these properties   investigating to make sure foreclosure proceedings are
      many of our clients to continue aggressively pursuing   exist, our office has been successful in opposing the   not being halted unnecessarily.
      the collections of its assessments. In situations that   bank’s motions to cease proceedings by informing the      Of course, these options and decisions should be
      associations may be hesitant to proceed with the filing of   courts that the moratorium is inapplicable to vacant   reviewed with competent legal counsel before proceeding.
      foreclosure because there is a bank foreclosure pending   properties. Such opposition typically results in the courts
      or imminent, we would recommend that the associations   ordering the mortgage foreclosure case to proceed in the      Sachs Sax Caplan, P.L., Peter S. Sachs 
      strongly consider proceeding with its own foreclosure   ordinary course. With so many properties ultimately being
      action. The reason being, the longer the banks are delayed   acquired by the banks holding the mortgages, resulting in
      from proceeding, the more likely the chance that the   the associations having to accept the statutory safe-harbor

                    Boca Pointe Community Association, Inc.

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        Yvonne Rivera, Administrative Assistant                                                                   Boca Pointe Resident Since 1993
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                                                The views of the writers of the various articles in this newspaper do not
          Viewpointe of Boca Pointe is the newspaper   necessarily reflect the views of the Boca Pointe Community Association.
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