Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger

A recent decision by the Florida Second District Court of Appeal in Ballentrae H.O.A., Inc., v. Federal National Mortgage Association, case nos. 2015-1025 and -1026 (Fla. 2nd DCA, September 2, 2016) has once again brought to the forefront the issue of the application of an association’s lien subordination clause to a mortgage lender post-foreclosure.

Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger; Apparently. CoreLogic: Mortgage Fraud Risk Up in Q2; Residential Real Estate: A Southeast Update

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Previously as discussed here, Florida’s 4th DCA held that the lis pendens expired at final judgment of foreclosure. This meant that any liens filed between the final judgment of foreclosure and the foreclosure auction/sale date were not extinguished by the foreclosure sale and remained on the property.

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