Florida Construction Law

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 www.trentcotney.com

Omar Haber v. Deutsche Bank National Trust Company, as Trustee , 37 Fla. L. Weekly D464a, Case No. 4D10-4458, filed February 22, 2012. Trial court’s summary judgment for lender in mortgage foreclosure was reversed based on lack of evidence that lender had given notice and opportunity to cure as required by the mortgage agreement. (RPPTL Subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com