Appeals Court Gives Condo Associations Boost in Ruling Over Surpluses From Tax Deed Sales
The homeowner challenged an order granting the surplus funds to the association, arguing the creditor never recorded a claim of lien or moved to obtain a final judgment.
January 05, 2018 at 02:27 PM
3 minute read
Good news for Florida condo associations trying to recover from delinquent owners in foreclosure: An appellate ruling found associations have automatic liens, and don't need to take the extra step of recording claims to be considered prior lien holders entitled to surpluses in tax deed sales.
“It's a significant issue,” said condo association attorney Gregory Eisinger of Eisinger, Brown, Lewis, Frankel & Chaiet in Hollywood. “We're in front of courts all the time on this exact case.”
It's also an old issue that has divided Florida courts adjudicating the rights of condo association and how to prioritize their claims among multiple creditors in foreclosure.
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