Guy Shir
19
Apr
The decision above addresses an association’s ability to file an independent action to foreclose a lien while a mortgage foreclosure action protected by a lis pendens is pending, a very meaty issue, so plenty of analysis. THE FACTS. The sequence of events which spans two separate foreclosure actions, lien and mortgage, and appeals of each: […]
19
Apr
Whether a mortgage with a correct legal description can be foreclosed if the deed to the mortgagor/borrower contained a defective legal description was at issue in this case.The trial court dismissed the lender’s mortgage foreclosure action and reformation action. Two instruments were involved in this case, whether a deed to Mr. Dori and a mortgage from him […]
19
Apr
Selective Enforcement / Nuisance At issue was the enforcement of two restrictions. The declaration of condominium prohibited: A unit owner from altering, modifying or replacing the interior of a unit without the prior consent of the Association’s Board of Directors. Another provision specifically applicable to flooring captioned “noise” stated: Unless expressly permitted in writing by the […]