See the full article here: HOAs ruin Florida law on bank safe harbor after mortgage foreclosure – Catalina West v. Fannie Mae. http://fraudlawyersflorida.com/2016/03/31/hoas-ruin-florida-law-on-bank-safe-harbor-after-mortgage-foreclosure-catalina-west-v-fannie-mae/
As stated in the article, “two Miami HOAs took a bolder approach, sending the interpretation of the safe harbor rules to the Third District Court of Appeal. The HOAs argued that because Fla. Stat. s. 720.3085 required the HOAs to apply all payments to extraneous fees before assessments, the HOA accounts could never be brought current under the banks’ interpretation of “safe harbor” payment limits.”
If you have questions about real estate litigation, condominium and HOA debt, or the interpretation of appellate decisions, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@ , or 786-871-3349.
A Miami court granted Bernhard Law Firm summary judgment in a condominium construction lawsuit today, finding violations of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) by a construction worker and his construction company. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result). Bernhard Law Firm brought this FDUTPA lawsuit against two construction companies, a contractor, and a Miami construction worker, alleging that the defendants misrepresented their affiliation, practices, and licensing so as to obtain construction and contracting work without providing required supervision by licensed contractors. Bernhard Law Firm sued on behalf of the property owner, raising various unfair and deceptive business practices. Today, a Miami court granted summary judgment in favor of Bernhard Law Firm’s client, holding that defendants had engaged in violations of FDUTPA through deceptive business practices, and awarding damages for all losses, plus interest, attorney’s fees, and costs.
If you have questions about business scams, construction abandonment, contractor frauds, and unfair and deceptive business practices, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@ , or 786-871-3349.
Andrew Bernhard received a “Lawyer of Lawyers” 5-star client review. Very grateful and happy to see happy clients. Read the full review here: