Court dashes hopes of associations to nullify mortgages.

In a major decision, the Third District Court of Appeal has issued its long-awaited opinion in a case watched closely by condominium and home owner associations around the state. In Deutsche Bank Trust Co v. Beauvais, the entire Court decided on April 13, 2016 that a mortgage holder who files a second foreclosure suit more than 5 years after a first suit that accelerated the entire mortgage debt and was later dismissed is not barred from enforcing the mortgage, even ...

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Condominium Lien Foreclosures vs. the Rights of Mortgage Holders

One of my condominium Presidents asked me to advise him and his Board about the process of foreclosing a condominium lien and how the rights of the Association relate to the rights of a mortgage holder. For purposes of this article, a first mortgage holder will be referred to as a “Bank”, even though the first mortgage may be held by a bank, an individual, a mortgage company, pension fund, or other entity.

Discussion – The laws governing condominiums in Florida ...

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