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Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure (FL)

/ Owner - June 1, 2021

Florida’s Fifth District Court of Appeals (“5th DCA”) reversed a condominium association’s final judgment of foreclosure in the recent decision of Rajabi v. Villas at Lakeside Condominium Association, Inc., 45 Fla. L. Weekly D2543a (Fla. November 13, 2020) citing two fatal errors. First, the association misapplied the owner’s payments in breach of Fla. Stat. Section 718.116(3); and second, the association failed to properly serve the required statutory notice of intent to lien before recording a claim of lien pursuant to Fla. Stat. Section 718.121(4).     Read the entire article……………………………….

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