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Category: Foreclosure

4th DCA Applies 1 Year Statute of Limitations for Deficiency Judgment

4th DCA Applies 1 Year Statute of Limitations for Deficiency Judgment

The rule in any litigation is that timing is everything. Miscalculating deadlines, and especially mis-construing application … more

Posted in Banks and Mortgages, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
Parcel Owner Legal Standing to Challenge Assessment After Sale of Property

Parcel Owner Legal Standing to Challenge Assessment After Sale of Property

Whether a third party is liable for HOA assessments after a foreclosure sale is a highly litigated issue in Florida. Often, … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Governing Documents, Homeowners Association
CDC Wins the Battle on Eviction Moratoriums . . . For Now

CDC Wins the Battle on Eviction Moratoriums . . . For Now

The COVID-19 pandemic and the associated actions taken to help mitigate its effects on public health and the economy have … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, COVID-19, Foreclosure, Homeowners Association, Tenant/Landlord
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
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