HOA Foreclosure Sale Should Not Have Happened

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4th DCA ruled against the HOA for barreling through a bankruptcy stay and allowing the sale of the property.

The Fourth District Court of Appeal ruled against a Wellington homeowner association that barreled through a foreclosure sale despite the homeowner’s bankruptcy filing — and then failed to show up in court for the appeal. Scribner Village Homeowners Association Inc. won a final judgment of foreclosure against Marie Alexandre on a lien for unpaid assessments.

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Association Hits Hurdle in Foreclosure

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Homeowners Association loses case due to lack of jurisdiction

Trial court has a deficiency subject of matter jurisdiction to hear association’s foreclosure action where a bank or superior lien has already recorded a notice of lis pendens.

In this Broward County case, a bank recorded a lis pendens and filed a foreclosure action against a borrower and claimed the homeowners association as having a possible interest in the property.  While the bank’s lawsuit was pending, the association filed its own foreclosure lawsuit against the borrower in a different court and received a final judgment of foreclosure.  The borrower then attempted to have the association’s final judgment vacated but the trial court shut down that motion, and the borrower appealed that ruling.

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Condominium Reprimanded in Foreclosure

Broward County Foreclosure Defence Attorney, Broward County Foreclosure Defence Lawyer, Palm Beach County Foreclosure Defence Attorney, Palm Beach County Foreclosure Defence Lawyer, Miami-Dade County Foreclosure Defence Attorney, Miami-Dade County Foreclosure Defence Lawyer

The condo association gave up near the end of a legal battle causing legal resources and time to be wasted.

A North Miami condominium association got a sharp scorn from the Third District Court of Appeal, which may penalize it for a lawsuit the panel called a “waste of time.” Biscayne Point Condominium Association must show why it shouldn’t be sanctioned in its litigation with HSBC Bank USA N.A.

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Any information on this website is not intended to be communicated as legal advice. All information contained on this site is general and intended for information purposes only. For detailed legal advice regarding your loan modification, foreclosure, and/or bankruptcy needs, please schedule an appointment with the attorney. The Law Office of Emil Fleysher, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.