In Federal National Mtg. Ass’n. v. Mirabella at Mirasol HOA, Inc., Case No. 4D 15-4792 (Fla. 4th DCA, November 23, 2016), Florida’s Fourth District Court of Appeals relied on specific language in the Homeowner Association Acts’ safe harbor provision to rule in favor of a homeowner association over Federal National Mortgage Association ("FNMA") in a dispute over FNMA’s liability for.
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Condo owner shares her LM Funding HOA horror story. Posted on June 29, The association is funded up front for the safe harbor amount of assessments that would be paid to the association following a lender foreclosure. In Florida, the safe harbor amount is up to 12 months of unpaid.
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Even though Safe Harbor limits the banks liability if the necessary requirements are established, some associations continue to prepare estoppel certificates asking for more than what is set forth by Safe Harbor. These associations must be careful what they ask for.
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Lender liability for Florida HOA and condominium association assessments 2014 update. and thus be entitled to the statutory safe harbor. Issue: If a homeowner does. [or Homeowners.
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This decision changes the balance of power between lenders and homeowner associations and will have an impact on mortgage foreclosures moving forward. In 2008, the Homeowners Association Act was amended to provide lenders safe harbor from assessment liability.
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On the surface, Florida’s condominium and homeowners association safe harbor statutes appear to define mortgagees’ pre-title liability to an association. However, there is a tremendous amount.