Does changing the locks on a foreclosed Delaware condo make the mortgagee liable for condo fees?
A decision of the Delaware Court of Common Pleas is worrisome for mortgage lenders. In 1401 Condominium Association v. Wells Fargo Bank, 2016 WL 1734104 (May 2, 2016), the court rejected Wells Fargo’s attempt to dismiss a condominium association’s claim that the bank should pay maintenance fees and assessments on a unit the bank foreclosed. The association characterizes the bank as the “owner” of the unit because after foreclosure, the bank had the apartment locks changed. Read the article…………..