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.

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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.

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.

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In March we published an article discussing the ruling in Jallali v. 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