DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-5, APPELLANT,
v.
CORAL KEY CONDOMINIUM ASSOCIATION (AT CAROLINA), INC., AND DARIO LUNA, APPELLEES
On May 12, 2008, Deutsche Bank National Trust Company filed a mortgage foreclosure complaint, naming the unit owner, Dario Luna, as well as the Coral Key Condominium Association (at Carolina), Inc., as defendants. After seven months of no record activity, the Association filed a motion to compel Deutsche to proceed with the foreclosure sale or pay monthly assessments due to the Association. The trial court granted the motion, explaining that it was fair and equitable for the mortgage holder to pay monthly assessments due to the Association if there is an extended period of delay in the fore*196closure proceeding for no good reason. We reverse.
After the trial court entered the order appealed, the Third District issued U.S. Bank National Ass’n v. Tadmore, 23 So.3d 822 (Fla. 3d DCA 2009), which addressed this precise issue. In Tadmore, the court rejected the notion that equity and fairness support an order requiring a bank to pay condominium assessments while foreclosure proceedings are pending since section 718.116(1)(b), Florida Statutes (2009), makes it clear that the first mortgagee is required to pay assessments only after acquiring title, and equity follows the law. Id. at 823-24. We agree with Tadmore and reverse.
Reversed and remanded.
GROSS, C.J., and POLEN, J., concur.
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Citator
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U.S. Bank Nat'l Ass'n for Lehman Brothers-Structured Asset Inv. Loan Tr. Sail 2005-3 v. Farhood, 153 So. 3d 955 (Fla. 1st DCA 2014)…A 2009) (reversing sanctions for delays in litigation which required plaintiff Bank to pay condominium assessments earlier and in amounts in excess of those required by section 718.116(l)(b)); Deutsche Bank Nat’l Trust Co. v. Coral Key Condo. Ass’n, 32 So. 3d 195 (Fla. 4th DCA 2010) (same). The sanction imposed here actually determined a material, disputed issue in the litigation. The declaration of lien priority did not rely on any evidence of recorded documents but simply declared the Association’s lien s…
Authorities Cited
- U.S. Bank Nat'l Ass'n v. Tadmore, 23 So. 3d 822 (Fla. 3d DCA 2009)