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Category: Assessment Collection

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
Moratorium on Mortgage Foreclosures and Residential Evictions

Moratorium on Mortgage Foreclosures and Residential Evictions

On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential … more

Posted in Assessment Collection, COVID-19, Foreclosure
Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure … more

Posted in Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord
Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure

Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure

The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association, Legislation
The Supreme Court of Florida Weighs-In on the Deadline for Junior Lienholders to File Claims for Surplus Proceeds

The Supreme Court of Florida Weighs-In on the Deadline for Junior Lienholders to File Claims for Surplus Proceeds

After the foreclosure of a mortgage that results in payment of funds in excess of the judgment amount, junior lienholders … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
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