Interesting case reported from Southwest Florida appeal. The mortgage lender filed a lawsuit attempting to foreclose a mortgage. The community association successfully challenged the lawsuit due to the bank’s inability to show is was the proper holder of the mortgage. On appeal, the homeowners’ association also obtained an award of its attorneys’ fees. The case illustrates the importance of carefully reviewing each case filed by a bank attempting to foreclose an association’s lien rights and when appropriate to aggressively challenge the lawsuit.
SOUTH BAY LAKES HOMEOWNERS ASSOCIATION, INC., v. WELLS FARGO BANK [PDF File]
