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 trial court to modify judgment to include these amounts.  In so ruling, the 5th DCA determined that the mortgagee met its burden to provide the trial court with figures necessary to calculate the interest and escrow amounts through its witnesses’ testimony and evidence.  The Court further reversed the trial court’s dismissal of a homeowner’s association as a party to the foreclosure action, concluding that neither the HOA nor the mortgagee had presented competent evidence to establish lien priority.    Read the article……………..


Related Articles

Collecting On Judgments

Sometimes owners in a community don’t pay their assessments. Often, the Board of Directors must file a lawsuit to collect

Nobody Wants To Be On Board of a Condominium Association

I am often asked what happens when no one wants to serve on the board of directors of a condominium

Right Of Access – Abandoned Condominium Units in Florida

A Florida condominium association believes a unit is abandoned and is worried about the condition of the unit. The association