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Category: Foreclosure

Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure

Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure

Florida’s Fifth District Court of Appeals (“5th DCA”) reversed a condominium association’s final judgment of … more

Posted in Assessment Collection, Foreclosure
Do Scrivenor’s Errors Invalidate an HOA Claim of Lien

Do Scrivenor’s Errors Invalidate an HOA Claim of Lien

In Pash v. Mahogany Way Homeowners Association, Inc., Case No. 4D19-3367 (Fla. 4th DCA January 27, 2021), Florida’s Fourth … more

Posted in Assessment Collection, Community Association, Condominium Association, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association, Litigation/Evidence
Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

The Florida Supreme Court has amended Florida Rules of Civil Procedure 1.510 to “align Florida’s summary judgment … more

Posted in Assessment Collection, Court Decisions of Importance, Foreclosure, Litigation/Evidence
Uniform Commercial Real Estate Receivership Act

Uniform Commercial Real Estate Receivership Act

On July 1, 2020, Florida became the tenth state to adopt the Uniform Commercial Real Estate Receivership Act (“UCRERA”) … more

Posted in Banks and Mortgages, Foreclosure, Real Estate Law, Receivership, Tenant/Landlord
Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

In David L. Griffin v LaSalle Bank, N.A., 45 Fla. L. Weekly S57 (Fla. Feb. 6, 2020), Florida’s Supreme Court quashed a … more

Posted in Banks and Mortgages, Civil Penalties, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
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
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