1 05, 2019

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

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

After the foreclosure of a mortgage that results in payment of funds in excess of the judgment amount, junior lienholders may file claims asserting rights to the surplus funds. The process for asserting a claim to surplus proceeds following a judicial sale is found in section 45.031, Florida Statute. The statute requires that a claim

15 11, 2018

Appellate Ruling Limits Viability of Blanket Receiverships

Community Association, Foreclosure|

 

Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018)  limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

Community Association, Foreclosure, Tenant/Landlord|

In 2009, during the peak of the financial crisis, the US Congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”), which required the party taking title at a foreclosure sale to provide bona fide tenants with a notice 90 days before requiring them to vacate the property and allowed the tenants with leases to occupy

15 05, 2018

Orange County Mandatory Residential Foreclosure Mediation Extended to Include HOA and Condominium Foreclosures

Community Association, Foreclosure|

At the peak of the mortgage foreclosure crisis, Orange County implemented a mediation administrative order applicable to mortgage foreclosures. The mediation program was set up through the Orange County Bar Association – a not for profit organization that is capable of effectively managing a large number of mediation referrals. The program was designed to promote