Fourth DCA Confirms Association Lien Foreclosure Valid Despite Pending Mortgage Foreclosure – Arias Bosinger

21 Jul    Home Buyer News

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FOURTH DCA DENIES ATTORNEYS’ FEES TO PREVAILING HOMEOWNER IN FORECLOSURE CASE. By Robert Hauser Litigation and Appellate Practice. Most lawyers probably believe that if they successfully defeat a foreclosure claim by asserting a "standing" defense, that they are entitled to recover their prevailing-party attorneys’ fees from the lender.

The Court further reversed the trial court’s dismissal of a homeowner’s association as a party to the foreclosure action, concluding that neither the HOA nor the mortgagee had presented competent evidence to establish lien priority. A copy of the opinion in Fogarty v. Nationstar Mortgage, LLC is available at: Link to Opinion.

Florida’s 4th DCA Reverses Many foreclosure judgments.. (fla. 1st dca 2014). In Kiefert, the mortgage servicer’s witness was only able to. that it was in possession of the original note and mortgage and that it came into ownership of the same through a valid assignment of mortgage.

Distinguishing its prior ruling in U.S. Bank National Ass’n v. Quadomain Condominium Ass’n, the District Court of Appeal of the State of Florida, Fourth District, recently held that a foreclosure of a homeowners association’s lien against the property owner filed after the recording of a lis pendens by a first mortgagee is not barred, where the association’s subordinate lien was.

Alternatively, a bond can be secured, which transfers the lien from the property to security, normally a cash or surety bond, removing the cloud of the lien from the property’s title. In the past, it was uncommon for a property owner to shorten the time period in which a lienor could foreclose while simultaneously bonding off the lien.

Before a bank can sell your house at a foreclosure sale, you will get some sort of formal notice about the foreclosure. The kind of notice you will get depends on whether the foreclosure is judicial or nonjudicial, and what your state’s foreclosure laws require.

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Weidner Law is licensed in Florida. Please consider searching for an attorney in your state. 9; mortgage foreclosure complaints And Verification, Who Can Verify?. First admitted as member to the Florida Bar Association in 1999 he is admitted to practice in the Federal Court, Middle District.

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