8 04, 2020

Moratorium on Mortgage Foreclosures and Residential Evictions

Assessment Collection, COVID-19, Foreclosure|

On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential evictions for non-payment of rent for 45 days from the date of the Order, including any extensions. Additionally, properties with federally backed mortgages have additional restrictions for mortgage foreclosures and evictions as set forth in the CARES Act executed by

30 03, 2020

Florida Supreme Court COVID-19 Administrative Orders Impact Court Cases

Community Association, Condominium Association, COVID-19, Foreclosure, Homeowners Association|

We are in unchartered waters as our country faces the COVID-19 pandemic. Millions of people have been laid off, millions more are dealing with reduction in work hours, and businesses that were once thriving are completely shut down.

Florida like many other states have issued emergency orders that significantly impact the way we do business –

17 02, 2020

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

Assessment Collection, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association|

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the “FDCPA”), and state law under the Florida Consumer Collections Practices Act (the “FCCPA”). The FDCPA and the FCCPA are not identical, but the FCCPA specifically acknowledges the continued applicability of the FDCPA. This means coming

17 12, 2019

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

Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord|

In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure sale. Since the great recession a cottage industry sprouted of investors competitively bidding at these sales.  Investors then renovate the properties and rent them until the mortgagee completes its own foreclosure action. This is generally a win/win situation as

4 09, 2019

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

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

The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner.  Having found that the joint

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