http://www.mortgageservicingnews.com/msn_features/-1025519-1.html
A legal strategy pioneered by the Association Law Group of Miami enables homeowners’ associations and condominium associations to collect “mounting unpaid maintenance fees” from prior owners after banks take the property title through a mortgage foreclosure proceeding.
Showing posts with label hmo. Show all posts
Showing posts with label hmo. Show all posts
Wednesday, July 20, 2011
Tuesday, May 10, 2011
3rd DCA Rules Against Citibank
Jade Winds Association, Inc. v Citibank, N.A.
Case No. 3D11-275 (FL Dist. 3 Ct. App., May. 4, 2011)
The appellant, Jade Winds Association, Inc. (“Jade Winds”), a condominium association, appeals from a non-final order issued by the Presiding Judge of the Foreclosure Master Calendar Court Unit (“Foreclosure Master Calendar”), granting Citibank, N.A.’s (“Citibank”) motion to cancel a foreclosure sale. We reverse and remand with directions.
In October 2008, Citibank filed an action to foreclose its first mortgage on a condominium unit owned by Ramon Escobar, naming Escobar and Jade Winds as defendants. Shortly thereafter, Jade Winds filed a cross-claim against Escobar, seeking past due association fees, costs, and attorney’s fees. In April 2009, a default final judgment was entered in favor of Jade Winds, and in August 2009, Jade Winds took title to the property via a Certificate of Title.
In an attempt to move the case forward, on February 23, 2010, Jade Winds filed a Waiver of Public Sale and Motion for Entry of Summary Judgment in Favor of Plaintiff Citibank. On August 19, 2010, a final judgment of foreclosure was entered in favor of Citibank, setting the foreclosure sale for October 8, 2010.
On the morning of the scheduled foreclosure sale, Citibank appeared before the presiding judge of the Foreclosure Master Calendar with an Emergency Motion to Cancel and Reschedule Foreclosure Sale (“Motion to Cancel”), asserting: “Plaintiff has instructed its counsel to cancel this sale in order to determine whether the Defendant qualifies for a loan modification.” (Emphasis added). Obviously, this assertion by Citibank’s counsel was misleading as Jade Winds, not Escobar, held title to the property as of August 2009, and therefore, Citibank would not be attempting to determine if Escobar would qualify for a loan modification. Unfortunately, the irregularities did not end there. The certificate of service in the Motion to Cancel indicates that the motion was mailed to several parties on October 1, 2010, but inexplicably was not mailed to Jade Winds’ counsel of record, who had actively participated in this litigation. As Citibank failed to serve Jade Winds’ counsel and made no attempt to contact counsel to inform him of the Motion to Cancel, it was heard on an ex parte basis. The presiding judge of the Foreclosure Master Calendar entered an order canceling the foreclosure sale and resetting it for January 4, 2011 (“Order Canceling Sale”).
https://www.judicialview.com/State-Cases/florida//Jade-Winds-Association-Inc.-v-Citibank-N.A./11/29533
Case No. 3D11-275 (FL Dist. 3 Ct. App., May. 4, 2011)
The appellant, Jade Winds Association, Inc. (“Jade Winds”), a condominium association, appeals from a non-final order issued by the Presiding Judge of the Foreclosure Master Calendar Court Unit (“Foreclosure Master Calendar”), granting Citibank, N.A.’s (“Citibank”) motion to cancel a foreclosure sale. We reverse and remand with directions.
In October 2008, Citibank filed an action to foreclose its first mortgage on a condominium unit owned by Ramon Escobar, naming Escobar and Jade Winds as defendants. Shortly thereafter, Jade Winds filed a cross-claim against Escobar, seeking past due association fees, costs, and attorney’s fees. In April 2009, a default final judgment was entered in favor of Jade Winds, and in August 2009, Jade Winds took title to the property via a Certificate of Title.
In an attempt to move the case forward, on February 23, 2010, Jade Winds filed a Waiver of Public Sale and Motion for Entry of Summary Judgment in Favor of Plaintiff Citibank. On August 19, 2010, a final judgment of foreclosure was entered in favor of Citibank, setting the foreclosure sale for October 8, 2010.
On the morning of the scheduled foreclosure sale, Citibank appeared before the presiding judge of the Foreclosure Master Calendar with an Emergency Motion to Cancel and Reschedule Foreclosure Sale (“Motion to Cancel”), asserting: “Plaintiff has instructed its counsel to cancel this sale in order to determine whether the Defendant qualifies for a loan modification.” (Emphasis added). Obviously, this assertion by Citibank’s counsel was misleading as Jade Winds, not Escobar, held title to the property as of August 2009, and therefore, Citibank would not be attempting to determine if Escobar would qualify for a loan modification. Unfortunately, the irregularities did not end there. The certificate of service in the Motion to Cancel indicates that the motion was mailed to several parties on October 1, 2010, but inexplicably was not mailed to Jade Winds’ counsel of record, who had actively participated in this litigation. As Citibank failed to serve Jade Winds’ counsel and made no attempt to contact counsel to inform him of the Motion to Cancel, it was heard on an ex parte basis. The presiding judge of the Foreclosure Master Calendar entered an order canceling the foreclosure sale and resetting it for January 4, 2011 (“Order Canceling Sale”).
https://www.judicialview.com/State-Cases/florida//Jade-Winds-Association-Inc.-v-Citibank-N.A./11/29533
Tuesday, January 25, 2011
Home Owners Associations Seizing Property Without Foreclosing
http://www.tampabay.com/news/business/realestate/article1146187.ece
A Florida law enacted on July 1, 2010, allows homeowner and condominium associations to seize rent from tenants who rent from delinquent owners — even before foreclosing.
After obtaining a court order to seize the rent, the associations can collect what is owed, said Tampa lawyer James De Furio, whose practice is devoted to associations.
A Florida law enacted on July 1, 2010, allows homeowner and condominium associations to seize rent from tenants who rent from delinquent owners — even before foreclosing.
After obtaining a court order to seize the rent, the associations can collect what is owed, said Tampa lawyer James De Furio, whose practice is devoted to associations.
Commentary:
The Times article is somewhat misleading. Property is not being “seized” by associations. When the association forecloses and takes title it may rent out the property. In a pending foreclosure the association may ask the court to order rents to be paid to a receiver or into the registry. The new statutes allow for a demand for rents without filing suit and eviction if the rents are not paid. See F.S. §718.116(11) for condos and 720.3085(8) for homeowners.
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