Hello, Does anyone know of any cases addressing the securitization issues with the Pooling and Sevicing Agreements other than

Elston/Leetsdale, LLC v. CWCapital Asset Management LLC (securitized commercial mortgage); Minnifield v. Johnson & Freedman II, LLC, 2012 WL...

I seriously doubt it, although it would require a reading of the association's documents to make sure. Even if it were, you have an easement for...

I live in a resident owned community in SW Fl. Can a person on the B.O.D. sue the B.O.D. and still serve on B.O.D.?

While it is a nightmare for the association's attorney, it is not illegal or a conflict of interest. In fact, by law, every member has a right to...

My roof has a leak and hoa is responsible for maintain it.

Litigating against an association is tricky and its important to know if you have a COA (condo) or HOA (homeowners) because the procedures are...

Can a condo association force me to buy a new water heater because it's 10 years old?

Yes. Preventative maintenance is a good idea considering the consequences of water leaks. Not only would you be responsible for your damages, but...

What legal recourse do we have as condo owners?

The condo association is not liable for water leaks caused by fixtures within a unit. You are lucky your COA is willing to intervene because quite...

Should I Buy A HOA Foreclosure?

Yes, you can buy the property, but the banks can then foreclose on you pretty quickly because you have no standing to challenge the foreclosure. I...

Is there a template or is it even advisable for me to file a response myself after being served a foreclosure notice.

Your options are to file a Motion to Dismiss if you can challenge the suit on standing, capacity or allege the bank is not a real party in...

Your chances of success in such a case are not good unless you can prove the association had the resources to complete the repairs and squandered...

A house in forclourse in a 55+ communitty that is deliquent in hoa dues and the owner has confirmed she no longer resides there.

The HOA should have an attorney to handle this matter. The HOA can bring an action for a covenant violation and remove them, but the HOA must be...