JALLALI v. KNIGHTSBRIDGE VILLAGE: FL 4th DCA Holds HOA Foreclosure Filed After Recording of Mortgagee’s Lis Pendens Not Barred

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FL 4th DCA Holds HOA Foreclosure Filed After Recording of Mortgagee’s Lis Pendens Not Barred

Distinguishing its prior ruling in U.S. Bank National Ass’n v. Quadomain Condominium Ass’n, the District Court of Appeal of the State of Florida, Fourth District, recently held that a foreclosure of a homeowners association’s lien against the property owner filed after the recording of a lis pendens by a first mortgagee is not barred, where the association’s subordinate lien was imposed under the association’s declaration of covenants recorded before the first mortgagee recorded its lis pendens.

In so ruling, the Court confirmed that the homeowners association’s foreclosure action is inferior to the foreclosure of the first mortgage.

A copy of the opinion is available at:  Link to Opinion.

The first mortgagee on real property subject to a homeowners association’s recorded covenants and restrictions sued to foreclose the mortgage in 2007, naming the association as a defendant and recording a notice of lis pendens at the same time. The homeowners association’s declaration of covenants and restrictions had been recorded prior to the recording of the mortgage.

The homeowners association recorded a claim of lien for unpaid assessments in 2011, sued in 2012 to foreclose its lien, and obtained a final default judgment. Later, the mortgagee’s successor in interest obtained a final judgment of foreclosure in the previously-filed mortgage foreclosure action.

The borrower then filed a motion seeking to vacate the homeowners association’s 2012 lien foreclosure judgment, relying on the Fourth District Court of Appeal’s earlier ruling in U.S. Bank National Ass’n v. Quadomain Condominium Ass’n, 103 So. 3d 977 (Fla. 4th DCA 2012). The trial court denied the motion and the borrower appealed.

Rest here…

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4closureFraud.org

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3 Responses to “JALLALI v. KNIGHTSBRIDGE VILLAGE: FL 4th DCA Holds HOA Foreclosure Filed After Recording of Mortgagee’s Lis Pendens Not Barred”
  1. lvent says:

    They’re secret hospice poisiners under the 1033 PROGRAM because the entire executive branch is derelict in their duties by ignorance of the tort to the U.S. CONSTITUTION they think they can force their exaggerated criminal views upon everyone by the wrongful & woeful contention of legal relativity.

    Legal relativity is to say that everyone believes in the exact theories they do which is criminal undermining.

    It’s like saying every CATHOLIC thinks one way which is power grabbing because no CATHOLIC thinks like no one else.

    The power grabbers think WE THE PEOPLE should be canonized the security for their crime spree which is SECURITIES FRAUD by the contention forcing their views on other’s can be used to make the U.S their whorehouse to their fraud.

    I’m certain the VATICAN doesn’t view we’re the WHORE OF BABYLON, therefore the SEC is to blame for false promoting themselves not to be SECURITIES BROKERS of their own fraud.

  2. lvent says:

    Moreover, these investors in their own fraud use their SERTOMA FRAUD perps & others to try & fraudulently conceal they’re hired thugs doing gangland type massacres of the innocent by uttering false evidence they’re hiding their forced drugging people to labotomuze them or other scurrilous crimes too heinous & egregious to mention.

  3. lvent says:

    Does the IRS invest in mortgage fraud?

    I see evidence they do which is UNLAWFUL DETAINER because they’re entering false evidence to mislead defendants in FC on the investor side then they’re recollection on their side by UTTERING FALSE EVIDENCE which is treachery.v

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