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Florida’s 4th DCA Reverses Course – Community Associations Can pursue lien foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger Florida’s Fourth District recently released a decision in Ober v. Town of Lauderdale-by-the-Sea, contradicting over 20 years of established precedent by ruling that inferior liens are extinguished.
Real estate investors, municipalities, and community associations may gain. 4th DCA, January 25, 2017).. The issue arose when a lender filed to foreclose its mortgage, On appeal, Fourth District Court of Appeal initially affirmed the trial. If the holder of any such unrecorded interest or lien does not.
Knightsbridge Village Homeowners Association, Inc., 2016 WL 320601 (Fla. 4th DCA Jan. 27, 2016) wherein Florida’s Fourth District Court of Appeal held the filing of a notice of lis pendens by a first mortgage holder constitutes a bar to a community association’s foreclosure action that is based upon a claim of lien filed after the mortgagee’s notice of lis pendens. Upon a rehearing of the arguments, the Fourth District Court of Appeal set aside its previous ruling.
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Another Fair Housing Case for Community Associations to Swim Around. Florida's 2nd DCA Affirms Exception to General Rule of Defendant's Entitlement to.