Florida’s 4th DCA Reverses Course. Can Pursue Lien Foreclosure Despite Pending Mortgage. Arias Bosinger, Community Association, Legislation.
Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger.. not all foreclosure cases are the same for the state’s more than 47,000 community associations,
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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.
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.
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It allows either spouse to unilaterally encumber his/her community property interest in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a dissolution proceeding, with the lien attaching only to the encumbering party’s interest in the community.
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Mortgage Lenders News Florida’s 4th DCA. 4th DCA Reverses Course – Community Associations. Can Pursue Lien Foreclosure Despite Pending.
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