Written by Emil Fleysher | April 7, 2016 | Foreclosure
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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Written by Emil Fleysher | April 5, 2016 | Foreclosure
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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Written by Emil Fleysher | April 1, 2016 | Foreclosure
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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