Rare Safe Harbor Victory for Homeowner Associations (FL)

In Federal National Mtg. Ass’n. v. Mirabella at Mirasol HOA, Inc., Case No. 4D 15-4792 (Fla. 4th DCA, November 23, 2016), Florida’s Fourth District Court of Appeals relied on specific language in the Homeowner Association Acts’ safe harbor provision to rule in favor of a homeowner association over Federal National Mortgage Association (“FNMA”) in a dispute over FNMA’s liability for delinquent assessments after foreclosure. This decision changes the balance of power between lenders and homeowner associations and will have an impact on mortgage foreclosures moving forward.    Read the article……………


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