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Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger

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.

Consider that if: (1) association assessment lien foreclosures accounted for 10% of the 500,000 annual foreclosures in Florida, (2) half of these associations improperly extinguished a second mortgage, and (3) the average second mortgage bore an initial value of $30,000, then association foreclosures are improperly extinguishing approximately $750.

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Notably, three weeks before the Fourth DCA issued the Ortiz decision, a different Fourth DCA panel reversed a foreclosure judgment in Lewis v. U.S. Bank, N.A., Case No. 4D14-815 (Fla. 4th dca march 9, 2016) in which the endorsements on an allonge to the note were undated, the lender’s witness could not testify when they were placed on the.

Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger . The Cooksey Team Achieves 35 Percent Increase in Profitability in 2018 Despite Overall Mortgage Market Decline | Florida Newswire; ProSe wins.

Florida’s Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v. Glass, No. 4D15-4561, following suit with the Third and Fifth DCAs in denying a borrower’s motion for.

Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger. By. Rodriguez. Posted in. Florida Home Loans News.

In the first four months of 2016, Florida’s 4th District Court of Appeals reversed many foreclosure judgments, primarily on standing grounds. In these appellate opinions, the appellate court repeatedly held that the banks failed to prove that they had standing to foreclose when they failed to prove that they had possession of the indorsed original note at the time the complaint was filed.

Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger

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