Posts tagged lis pendens statute.
Florida's Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and replaced its August 24, 2016 opinion, which "eviscerated" the lis pendens statute by holding that liens placed on property between a final judgment of foreclosure and the judicial sale were not discharged by Florida Statute § 48.23. For an in-depth discussion of the Court's August 24, 2016 opinion, click here. Consistent with the real property and mortgage industry's understanding ...
Posted in: Foreclosure, Mortgages
Tags: burr and forman, burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, foreclosure, Fourth District Court of Appeal, liens, lis pendens, lis pendens statute, Ober v. Town of Lauderdale-By-The-Sea
It is not uncommon for a homeowner association ("HOA") to file a separate claim of lien foreclosure action against a resident even though the bank's mortgage foreclosure action remains pending. Therefore, a homeowner can potentially face two foreclosure actions against the property at the same time: one for unpaid assessments to the HOA and another for default under the note and mortgage. This trend is about to change. The Fourth District Court of Appeal recently issued another opinion reversing an HOA's final judgment of foreclosure for lack of jurisdiction. Relying on Florida's ...
Tags: burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, florida, Homeowner Associations, Jallali v. Knightsbridge Village Homeowners Association, lis pendens statute