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Fleysher Law Blog

HOA

HOA Foreclosure Sale Should Not Have Happened

The Fourth District Court of Appeal ruled against a Wellington homeowner association (HOA). The HOA 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. The judgment set the property for sale, but Alexandre filed for Chapter 11

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Homeowners Association

Association Hits Hurdle in Foreclosure

The trial court has a deficiency subject of matter jurisdiction to hear the Homeowners Association 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. Furthermore, they claimed the homeowners association as having a possible interest in the property.  While the bank’s lawsuit was pending,

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condominium association

Condominium Reprimanded in Foreclosure

A North Miami condominium association got sharp scorn from the Third District Court of Appeal. They may penalize it for a lawsuit the panel called a “waste of time.” Furthermore, Biscayne Point Condominium Association must show why it shouldn’t receive sanctions in its litigation with HSBC Bank USA N.A. over a condo unit the bank state the group illegally controls. In fact, their quarrel centers on whether Biscayne Point gave

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