Florida’s Fourth District Court of Appeal firmly put its foot down against a rogue homeowners association which, like many other homeowners associations, has a tendency to bully defendants in foreclosure proceedings by failing to follow the law. Such conduct is not unusual in the realm of the foreclosure world.
In this particular instance, a final judgment of foreclosure was entered in favor of the association and a foreclosure sale date was scheduled. Prior to the sale date, the homeowner filed a Chapter 11 bankruptcy which is supposed to automatically stay actions by creditors. The homeowner diligently notified the Court of the bankruptcy but in total disregard of the law, the homeowners association sold the property to itself as the highest bidder.
Infamous tough guy Republican Presidential Candidate Donald Trump once bullied rival Carly Fiorina by stating, “look at that face! Would anyone vote for that?” It seems that the Fourth District shared the same sentiments on Wednesday about homeowners associations that violate the law. In ., et al, Judge Damoorgian sided, or voted for, the homeowner in a unanimous decision stating that the sale should not have gone through until the bankruptcy stay was lifted. To add insult to injury, the homeowners association did not have the courage to appear at the appeal – it must be true, bullies cannot pick on someone their own size.
From the Trenches