- Turnover: under declaration of condominium, limited common elements did not become property of association upon turnover, and developer retained right to assign exclusive use of limited common elements until such time as it had “sold all Units owned by it” – Courvoisier Courts, LLC v. Courvoisier Courts Condo. Ass’n, No. 3D12-709 (Fla. 3d DCA Dec. 19, 2012) (reversing partial final summary judgment in favor of association)
- Foreclosure Sale: objection to foreclosure sale was facially deficient because it did not challenge any conduct that occurred at, or which related to, foreclosure sale – IndyMac Fed. Bank, FSB v. Hagan, No. 12-1153 (Fla. 3d DCA Dec. 19, 2012) (reversing order declining to issue certificate of title)
- Vacating Judgment: motion to vacate final judgment of foreclosure that was filed outside of one-year window set forth in Fla. R. Civ. P. 1.540(b) was time-barred – IndyMac Fed. Bank, FSB v. Hagan, No. 12-1153 (Fla. 3d DCA Dec. 19, 2012) (reversing order declining to issue certificate of title)
- Foreclosure Sale: trial court had discretion to deny motion to vacate foreclosure sale despite lack of publication of notice of sale, where local administrative order established that failure to provide proof of publication was not grounds for cancelling foreclosure sale – HSBC Bank USA, Nat’l Ass’n v. Nixon, No. 4D11-3038 (Fla. 4th DCA Dec. 19, 2012) (affirming denial of motion to vacate foreclosure sale, motion for rehearing, and motion for relief from judgment)
- Lis Pendens: court lacked jurisdiction to foreclose condominium association’s lien in separate action where lien recorded after first mortgagee’s supplemental lis pendens in re-foreclosure action; to recover on its lien, association should have timely intervened in re-foreclosure action under F.S. § 48.23(1)(d) – U.S. Bank Nat’l Ass’n v. Quadomain Condo. Ass’n, No. 4D12-422 (Fla. 4th DCA Dec. 19, 2012) (reversing order denying motion to vacate final judgment of lien foreclosure)
- Equitable Vendor’s Lien: lender entitled to equitable vendor’s lien on property for full amount of loan, less payments received, and homestead status of property did not preclude foreclosure of equitable vendor’s lien against owner and non-owner spouse – Spikes v. OneWest Bank, FSB, No. 4D11-2549 (Fla. 4th DCA Dec. 19, 2012) (reversing denial of imposition and foreclosure of equitable vendor’s lien)
- Foreclosure: unsworn allegations by husband that his wife actively concealed foreclosure proceedings from him and that wife may have been the subject of some degree of mental incapacity during the course of the foreclosure action did not create sufficient showing of mistake, inadvertence, surprise or excusable neglect to warrant vacating final judgment – Chase Home Loans, LLC v. Sosa, No. 3D12-1783 (Fla. 3d DCA Dec. 26, 2012) (reversing order vacating judicial sale and remanding)
- Foreclosure: ex-parte default judgment entered in one foreclosure action was void because mortgagee obtaining default judgment knew that second mortgagee intended to defend foreclosure based on allegations relating to priority of mortgages in second mortgagee’s amended complaint filed in a parallel foreclosure action relating to same property – JP Morgan Chase Bank, N.A. v. Wells Fargo Bank, N.A., No. 5D12-208 (Fla. 5th DCA Dec. 28, 2012) (vacating default judgment and remanding)
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