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

The first district also found in Ocean Bank that the claim to void a mortgage was a compulsory counterclaim in the pending mortgage foreclosure action. Id. Similarly, in the present case, the respondents’ claims for breach of loan extension agreement, breach of covenant of good faith and fair dealing, novation and rescission of the loan.

Community Association Counselor. A couple of years ago we saw the florida state legis-lature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest.. the most reasonable and effective solutions to some of the challenges facing community associations can be very difficult, and ideas such as this.

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

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The only way these cases can be won is by showing the money trail first. That is what reveals the actual parties to the transaction. Then by showing that the money trail does not track or follow the paper trail you can argue standing, and the fact that the mortgage lien was never perfected. That is the only thing that can stop a foreclosure.

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Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – arias bosinger home Mortgage Law Foreclosure Fla. App. court (5th dca) reverses Foreclosure Judgment That Excluded Interest, Escrow The District Court of Appeal of the State of Florida, Fifth District, recently.