The Florida Fifth District Court of Appeal, in Central Florida, has published a holding that effectively allows parties other than the foreclosing lender to set the foreclosure sale on the property that is subject to the mortgage foreclosure. Continue reading “Appellate Court approves the setting of a lender foreclosure sale over the objection of the lender.”
Lien Stripping
In the current economic conditions that are affecting most community associations in South Florida, as well as in much of the Country, delinquent assessments have resulted in a higher volume of collection activity by associations than in more traditional times. As a consequence of these factors, Continue reading “Lien Stripping”
Collection of Rent
One of the more significant provisions in the Legislative changes for 2010 was the authorization of an association to compel the tenant of a non-paying owner to pay the rent directly to the Association or face eviction. Continue reading “Collection of Rent”
Reverse Foreclosures of Mortgages
When a home or condominium owner stops paying the mortgage, the lender holding the mortgage will ultimately file a foreclosure action against the owner and property (and the association, if the foreclosure is properly filed). Continue reading “Reverse Foreclosures of Mortgages”
Summary of Significant Changes to the Condominium Act (Chapter 718 F.S.)
The Legislative Session for 2010 produced a number of significant changes to the Condominium Act (Chapter 718 F.S.), Continue reading “Summary of Significant Changes to the Condominium Act (Chapter 718 F.S.)”
2010 Legislative Update: Condominium Law Changes
The Legislative Session for 2010 has produced a number of significant changes to the Condominium Act (Chapter 718 F.S.), as well as other Chapters of Florida Statutes that affect condominiums, Continue reading “2010 Legislative Update: Condominium Law Changes”
2010 Legislative Update: Homeowner Association Law Changes
The Legislative Session for 2010 has produced a few significant changes to Chapter 720 F.S. affecting Homeowners’ Associations. The following is a summary of these changes and an identification of the particular affected sections. Continue reading “2010 Legislative Update: Homeowner Association Law Changes”
2010 Legislative Update: Cooperative Law Changes
The Legislative Session for 2010 has produced a few significant changes to the Co-operative Act (Chapter 719 F.S.). The following is a summary of these changes and an identification of the particular affected sections. Continue reading “2010 Legislative Update: Cooperative Law Changes”
The Benefits of Associations Obtaining FHA Certification
Significant changes in the real estate financial markets have occurred in recent months which suggest the need for Communities to seek certification from the Department of Housing and Urban Development (HUD) for mortgage loans insured by the Federal Housing Administration (FHA). Continue reading “The Benefits of Associations Obtaining FHA Certification”
Court Limits Statute Application to Lenders Following Foreclosure in Homeowners Associations
The Second District Court of Appeals has decided a case in a manner that creates uncertainty and concern for homeowner’s associations with respect to recovery of funds from a lender that takes title following its foreclosure. Continue reading “Court Limits Statute Application to Lenders Following Foreclosure in Homeowners Associations”