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According to the January 27, 2010 Daily Business Review article entitled Reverse Foreclosure, banks may soon no longer be able to delay foreclosures leaving associations with a financial burden.
A recent Miami Dade Circuit Court Judge’s ruling forced a bank to take over the title from the association. The association initially foreclosed on the unit but after having difficulty selling it due to the bank’s lien, the association waived its rights to the title and convinced the courts to pressure the bank to take it over.
In this court case, the association wanted a summary judgment against itself. It then requested an immediate sale date, waiving their rights to a waiting period. Banks are accustomed to delaying the process by “canceling the sale date and resetting it” but the association’s attorney made it clear that the association did not need nor want more time.
The association did not request that the foreclosure be completed at a quicker pace, but stated that there was no need for the bank to take 2 ½ years to foreclose. As many know, this delayed foreclosure process by the banks is common practice to avoid the responsibility of fees associated with the maintenance, assessments, legal costs and taxes. Florida law states that after a bank forecloses on a condo unit, it has a capped liability to pay the associations the lesser of six months of past association dues or 1 percent of the mortgage. After the unit is taken by the bank, however, the bank has to assume the future financial obligations to the associations for the unit until it is sold.
Miami-Dade Clerk of Courts Harvey Ruvin advised that his office is working on ways to limit the number of times and reasons cases can be delayed. He states that “there are more than 115,000 open foreclosure cases in Miami-Dade, with 7,000 more being filed each month”. He is quoted in the article as saying “the quicker we can move these distressed properties through the process and into the hands of somebody who will pay a mortgage and pay taxes and pay their dues, the quicker we can get our economy back on track,”.
Please click on the link below to view the Daily Business Review article in detail.
http://www.dailybusinessreview.com/news.html?news_id=60105#
CONDOMINIUM FORECLOSURE REFORM TOWN HALL MEETING
December 14th - 5:00 - 7:00 pm
Loews Hotel, Miami Beach (1601 Collins Avenue)
Last year we made efforts to get the Legislature in Tallahassee to modify the Florida Statute 718.116 which governs the liability of the First Mortgagee, also known as the Statutory Cap. We all know that the Legislature DID NOT adopt any changes that are so desperately needed to prevent the continued onslaught of special assessments on condo owners who are being forced to pay the fees for those owners who are not making their mortgage payments and then subsequently also not paying their maintenance fees.
I am, therefore, hosting another Town Hall meeting on December 14th from 5:00 to 7:00 p.m. at the Loews Hotel, located at 1601 Collins Avenue in Miami Beach, to discuss our plans to bring about change in Tallahassee on this crucial issue. It is imperative that condominiums send one member of the Board, along with a Community Association Manager to this meeting so that everyone can participate in the planning of this important process for the upcoming legislative session.
I have commitments from each of the Legislators who are sponsoring bills this year to be present at this Town Hall meeting. You will hear first hand how each of these bills can address this situation and you will be given a proposed resolution to be taken to Condominium Boards for consideration.
I am also asking for volunteers to participate in a demonstration in Tallahassee during this year’s session. We will organize bus trips to demonstrate in Tallahassee to get the attention of the media and the legislators and attempt to force the leadership to adopt the strongest measures possible to help us.
Please RSVP by replying to this email or sending an email to
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on or before December 7th if you plan to attend this important meeting and let me know if you will be coming alone or with one other representative. I recommend that Board Presidents, Community Association Managers and Legal Counsel attend.
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