REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: AFTER TRIAL COURT DENIED BORROWER’S MOTION TO SET ASIDE FINAL JUDGMENT OF FORECLOSURE AND DENIED BORROWER’S OBJECTION TO SALE, TRIAL COURT LACKED JURISDICTION TO ORDER CLERK TO WITHHOLD CERTIFICATE OF SALE UNTIL LENDER APPEARED TO EXPLAIN WHY THE MORTGAGE HAD NOT BEEN MODIFIED AND TO DISMISS THE CASE AND DECLARE BORROWER TO BE THE PREVAILING PARTY AFTER LENDER FAILED TO APPEAR

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Salazar v. HSBC Bank, USA, NA, ___ So. 3d ___, 40 Fla. L. Weekly D411 (Fla. 3d DCA February 11, 2015)

Seven months after default final judgment of foreclosure was entered against the borrower without post trial motions or an appeal, “[the borrower’s] condominium unit was sold and a certificate of sale was filed by the clerk of the court.” … Click To Read Full Case Law Review...

REAL ESTATE: CONDOMINIUMS: ASSESSMENT LIENS: FORECLOSURE: REDEMPTION: THE RIGHT OF REDEMPTION TERMINATED UPON FILING OF THE CERTIFICATE OF SALE, AND TRIAL COURT LACKED AUTHORITY TO GRANT REDEMPTION AFTER THAT EVENT: EQUITY OF REDEMPTION AT COMMON LAW IS SUBSUMED BY SECTION 45.0315, FLORIDA STATUTES

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Waterview Towers Yacht Club v. Givianpour, ___ So. 3d ___, 40 Fla. L. Weekly D351 (Fla. 1st DCA February 5, 2015)

The condominium association obtained final judgment of foreclosure based upon unpaid assessments. Four days after the clerk filed a certificate of sale and the property was purchased by the association at a public sale, the owner sought to … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: PLEADING: MOTION TO DISMISS: STATUTE OF LIMITATIONS: TRIAL COURT ERRED BY DISMISSING FORECLOSURE ACTION BASED UPON STATUTE OF LIMITATIONS BECAUSE COMPLAINT ALLEGED THAT CONDOMINIUM UNIT OWNERS TOOK TITLE SUBJECT TO A PRIOR RECORDED MORTGAGE, AND MORTGAGE WAIVED STATUTE OF LIMITATIONS AS A DEFENSE: TWENTY YEAR, RATHER THAN FIVE YEAR, STATUTE OF REPOSE APPLIED BECAUSE ALL OF THE OBLIGATIONS SECURED BY THE RECORDED MORTGAGE WERE NOT ASCERTAINABLE FROM THE FACE OF THE RECORDED MORTGAGE

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CCH Pathfinder Palm Harbor Management, LLC v. Unknown Heirs, ___ So. 3d ___, 40 Fla. L. Weekly D244 (Fla. 2d DCA January 21, 2015)

The trial court erred by dismissing an action to foreclose the mortgages on six condominium units based upon the statute of limitations and the statute of repose. Although the statute of limitations expired, “the recorded mortgage, … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: APPEALS: PROHIBITION: JUDGE DISQUALIFIED FOR DEMONSTRATING BIAS AGAINST INSURANCE COMPANY IN COVERAGE DISPUTE WITH CONDOMINIUM ASSOCIATION BY PREJUDGING CASE, IMPLYING THAT THE INSURANCE COMPANY DISRESPECTED DECISIONS OF TRIAL AND APPELLATE COURTS, GIVING ADVICE TO PLAINTIFF’S COUNSEL: ACCUSING THE INSURER OF DELAY, AND IMPLYING THAT THE INSURANCE COMPANY WAS TRYING TO MAKE THE ISSUE IN DISPUTE MORE COMPLICATED THAN IT ACTUALLY WAS

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Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D26 (Fla. 3d DCA December 17, 2014)

The appellate court, in a case involving a coverage dispute between a condominium association and its insurance company, granted the insurer’s petition for writ of prohibition challenging the denial of its … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: PRIORITY: SANCTIONS: TRIAL COURT LACKED AUTHORITY TO GIVE CONDOMINIUM ASSOCIATION ASSESSMENT LIEN PRIORITY OVER MORTGAGE AS A SANCTION FOR THE BANK’S DELAY IN PROSECUTING FORECLOSURE ACTION

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U.S. Bank National Association v. Farhood, ___ So. 3d ___, 39 Fla. L. Weekly D2594 (Fla. 1st DCA December 16, 2014)

The appellate court reversed an order giving a condominium association assessment lien priority over a mortgage as a sanction for the bank’s delay in prosecuting its foreclosure action. The trial court exceeded its discretion by “contravene[ing] the recording … Click To Read Full Case Law Review...