Condo Association Lien and Lis Pendens

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U. S. Bank Nat. Assn v. Quadomain Condominium Association, Inc., 38 Fla. L. Weekly D20b, Case No. 4D12-422, opinion filed December 19, 2012.  Filing of notice of lis pendens in mortgage foreclosure prevented court from having jurisdiction to foreclose condominium association's lien for unpaid assessments in a separate action since the only way to enforce a property interest that is unrecorded at the time the lis pendens is recorded is by timely intervening in the suit creating the lis pendens, and all other action are barred. Accordingly, denial of lender's motion to vacate final judgment for association was reversed. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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