News & Analysis as of

Condominium Associations Foreclosure

Ward and Smith, P.A.

Beware of Procedural Pitfalls in HOA Foreclosures

Ward and Smith, P.A. on

Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner's property and foreclose on that interest.  But to do so, associations must comply strictly with the...more

Husch Blackwell LLP

Lien Priority Statutes And Why They Make Sense

Husch Blackwell LLP on

A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association lien is prior to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 19, 2019

Carlton Fields on

Real Property Update - Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

Conn Kavanaugh on

As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Bradley Arant Boult Cummings LLP

Nevada Supreme Court Rules Bank Tender Defeats HOA Superpriority Lien

As lenders and servicers continue to litigate in Nevada’s state and federal courts about the effect of homeowner associations’ (HOAs) foreclosure sales, some questions have proven particularly sticky. What happens when a...more

Baker Donelson

Proposed Bill In the Maryland General Assembly Would Increase Condominium Lien Priority

Baker Donelson on

A bill introduced in the Maryland House of Delegates would increase the number of months of unpaid condominium assessments that have a priority over mortgages in the event of foreclosure. HB 250 would amend Section 11-110(f)...more

Husch Blackwell LLP

Request Resale Certificates Rather Than Roll The Dice

Husch Blackwell LLP on

IMPRESSION: A recent Minnesota Court of Appeals ruling served as a stiff reminder to investor-purchasers of condominium units: request of association resale disclosure certificates should be undertaken as a matter of course...more

Husch Blackwell LLP

Can A Court Set Aside A HOA-Lien Foreclosure Sale Because The Sales Price Was Too Low?

Husch Blackwell LLP on

When a mortgage company faces having its mortgage interest swept away in a quiet title action following an HOA lien foreclosure, the mortgage company comes up with all sorts of arguments as to why its mortgage should remain...more

Husch Blackwell LLP

Can A Court-Appointed Receiver Collect Assessments Coming Due While A Unit Is In Lien Foreclosure?

Husch Blackwell LLP on

Condominium associations generally have a number of legal remedies to pursue when an owner stops paying assessments. An Ohio court recently found that associations may collect assessments as they come due during a lien...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending June 15 & 22, 2018

Carlton Fields on

REAL PROPERTY UPDATE - - Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more

Saul Ewing LLP

Associations May Be Able to Recover Six Months of Unpaid Assessments From Foreclosure Purchasers Without Filing Suit Against the...

Saul Ewing LLP on

On June 4, 2018, the Appellate Court issued its opinion in Sylva, LLC v. Baldwin Court Condominium Association, Inc. (“Sylva”) holding that the “initiation of an action” requirement in section 9(g)(4) of the Illinois...more

Husch Blackwell LLP

Banks & A Deed In Lieu

Husch Blackwell LLP on

An association in southeastern Wisconsin is made up of condominiums that are also rented out for the owners (condotels). In this particular case, a unit owner, who lived in Illinois, was in financial difficulty and wanted to...more

Husch Blackwell LLP

Quiet Title Actions

Husch Blackwell LLP on

A Milwaukee association took possession of a unit through foreclosure, but could not rent out the unit because of its condition and could not sell it because of a large mortgage....more

Bradley Arant Boult Cummings LLP

New Decision from the D.C. Court of Appeals Recognizes Additional Defenses to HOA Super-Priority Lien Statute

As we noted in last week’s blog post, the District of Columbia Court of Appeals issued a decision on March 1, 2018, that created a new wave of uncertainty for lenders with loans secured by deeds of trust on condominium units...more

Bradley Arant Boult Cummings LLP

Is a Foreclosure Crisis Looming in Our Nation’s Capital?

The District of Columbia Court of Appeals recently sent a new set of shockwaves through the mortgage industry in the nation’s capital when it released its decision in Andrea Liu v. U.S. Bank National Association. Having held...more

Husch Blackwell LLP

Why Hire An Attorney Who Specializes In Condominium & HOA Law

Husch Blackwell LLP on

A condominium association had an owner that was uncooperative, didn’t like following rules and paid assessments on her own timeframe for more than 10 years. In the spring of 2009, another law firm started collection against...more

Williams Mullen

Money, Dirt and Steel: Year End 2016

Williams Mullen on

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

Bradley Arant Boult Cummings LLP

Tennessee Amends Condominium Lien Law to Clarify Lack of Superpriority Right

On April 19, 2016, Tennessee Governor Bill Haslam signed HB 2401, amending Tennessee’s condominium statue to make it clear that condominium associations cannot acquire a “superpriority” lien that trumps a first security...more

Foley & Lardner LLP

A Trifecta of Legal Victories for Lenders in Florida

Foley & Lardner LLP on

Deutsche Bank Trust Co. v. Beauvais, Case No.: 3D14-575 (Fla 3rd DCA April 13, 2016) - Based on Beauvais, lenders should take a look at their loan documents, paying particular attention to any non-waiver and...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

Ballard Spahr LLP

Condominium Association Liens Have "Super-Priority" Over First Mortgage Liens, Rhode Island Supreme Court Holds

Ballard Spahr LLP on

The Supreme Court of Rhode Island, in a 4-1 decision, recently joined a growing list of states that allow a homeowners or condominium association lien for delinquent assessments to take priority over, and potentially wipe...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 26 & July 3, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more

Ballard Spahr LLP

Nevada Senate Passes Bill Affecting Super-Priority Liens in Foreclosure

Ballard Spahr LLP on

The Nevada Legislature recently passed a bill intended, in part, to address issues resulting from the Nevada Supreme Court’s decision that a homeowners association lien is a true super-priority lien that, if foreclosed,...more

Bradley Arant Boult Cummings LLP

Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 28 & December 5, 2014

Carlton Fields on

REAL PROPERTY UPDATE - Contract Interpretation: trial court erred by interpreting declaration in way that rendered provisions meaningless – Bethany Trace Owners’ Association, Inc. v Whispering Lakes I, LLC, et al., No....more

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Updated: Dec 28, 2021:

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