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

In the first four months of 2016, Florida’s 4th District Court of Appeals reversed many foreclosure judgments, primarily on standing grounds. In these appellate opinions, the appellate court repeatedly held that the banks failed to prove that they had standing to foreclose when they failed to prove that they had possession of the indorsed original note at the time the complaint was filed.

Introduction: The Florida Bankers Association ("FBA") is one of Florida s oldest trade association. Its membership is composed of more than 300 banks and financial institutions ranging in size from small community banks and thrifts, to medium sized banks operating in several parts of the state, to large regional financial institutions.

Before a bank can file a foreclosure action in a Florida court, the law requires that the bank demonstrate with proper evidence that it is both the owner and holder of both the note and mortgage. Your Construction Center, Inc. v. Gross , 316 So.2d 596, 597 (fla. 4th DCA 1975).

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Knightsbridge Village Homeowners Association, Inc., 2016 WL 320601 (Fla. 4th dca jan. 27, 2016) wherein Florida’s Fourth District Court of Appeal held the filing of a notice of lis pendens by a first mortgage holder constitutes a bar to a community association’s foreclosure action that is based upon a claim of lien filed after the mortgagee’s notice of lis pendens. Upon a rehearing of the arguments, the Fourth District Court of Appeal set aside its previous ruling.

Home Mortgage Law Foreclosure Fla. app. court (5th dca) reverses foreclosure Judgment That Excluded Interest, Escrow The District Court of Appeal of the State of Florida, Fifth District, recently reversed final judgment of foreclosure entered in favor of a mortgagee that omitted interest and escrow amounts due, and remanded to the.