CITATION WAY CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
WELLS FARGO BANK, N.A., AND LESLIE LINDER, APPELLEES
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The Fourth District Court of Appeal affirmed a trial court's order granting Wells Fargo's motion to enforce a foreclosure judgment and determine unpaid condominium assessments owed by Fannie Mae, the third-party purchaser at the foreclosure sale. The court rejected the Association's argument that a separate independent action was required, distinguishing the case from prior precedent.
The trial court had jurisdiction to determine unpaid assessments within the foreclosure action. Unlike cases involving unrelated third-party purchasers, the issue of assessments was raised in the underlying foreclosure action and the third-party purchaser had a direct relationship with the foreclosure plaintiff.
[1] A trial court has jurisdiction to enforce a final judgment of foreclosure by determining amounts due to a condominium association for unpaid assessments when the issue of…
[2] A separate independent action is not required to litigate the issue of unpaid assessments when the acquiring entity at a foreclosure sale is not a third-party purchaser s…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Unlike Sienna, this is not a case involving a third-party purchaser seeking to intervene in order to introduce new issues into the foreclosure action. The issue of unpaid assessments was raised in the underlying foreclosure action and the third-party purchaser, Fannie Mae, had a direct relationship with the plaintiff, Wells Fargo.”
Establishes the court's distinction between this case and prior precedent requiring separate actions for third-party purchasers, based on whether the assessment issue was already part of the original foreclosure action.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWells Fargo, as servicing agent for Fannie Mae, obtained a final judgment of foreclosure against Leslie Linder, owner of a condominium unit. The forec…
The full statement of facts, procedural history, and disposition for this case are member content.
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Citation Way Condominium Association, Inc. (“the Association”) appeals a trial court’s order .granting Wells Fargo Bank, N.A.’s (“Wells Fargo”) motion to enforce final judgment and to determine amounts due to the Association for unpaid assessments under section 718.116, Florida Statutes (2013). We affirm the trial court’s order for the reasons discussed below, and *559further affirm as to the Association’s other arguments on appeal without comment.
Wells Fargo, as the servicing agent for Federal National Mortgage Association (“Fannie Mae”), filed a mortgage foreclosure complaint against Leslie Linder, the then owner of the subject condominium unit. In its amended complaint, Wells Fargo alleged in part that its lien was superior to any other claims against title and interest except for unpaid condominium assessments as provided in section 718.116, Florida Statutes. Ultimately, final judgment of foreclosure was entered in favor of Wells Fargo. Fannie Mae subsequently purchased the subject property at the foreclosure sale, and a dispute then arose between Fannie Mae and the Association regarding Fannie Mae’s liability for unpaid assessments that became due before its acquisition of title.
Unable to resolve their dispute, Wells Fargo, on behalf of Fannie Mae, filed a motion in the foreclosure case to enforce the final judgment .and determine the amounts due to the Association. The trial court granted the motion and determined the amount due to the Association. This appeal follows.
On appeal, the Association argues that the trial court lacked jurisdiction to adjudicate this new dispute, and that pursuant to our holding in Sienna Ridge Homeowners’ Association, Inc. v. Asia Pacific Sovereign Fund, LLC, 134 So.3d 1055 (Fla. 4th DCA 2013), the filing of a separate independent action was required to resolve the issue of unpaid assessments. See id. at 1056 (holding that an independent action is the proper way to litigate the issue of assessments due from a third-party purchaser at the foreclosure sale). We disagree. Unlike Sienna, this is not a case involving a third-party purchaser seeking to intervene in order to introduce new issues into the foreclosure action. The issue of unpaid assessments was raised in the underlying foreclosure action and the third-party purchaser, Fannie Mae, had a direct relationship with the plaintiff, Wells Fargo.
We accordingly affirm the trial court’s order.
Affirmed.
MAY and FORST, JJ., concur.
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Plca Condo. Ass'n v. Amtrust-Np SFR Venture, LLC, 182 So. 3d 668 (Fla. 4th DCA 2015)…. ”). Additionally, the trial court’s order could not be characterized as enforcing the final judgment of foreclosure, as that judgment did not address the issue of past-due association fees. Cf. Citation Way Condo. Ass’n v. Wells Fargo Bank, N.A., 172 So. 3d 558, 559 (Fla. 4th DCA 2015)(findingthat the trial court had jurisdiction- to consider a motion to determine amounts due to the association where “[t]he issue of unpaid assessments was raised in the underlying foreclosure .action”). Further, the final j…
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Griffin v. LaSalle Bank, N.A., 318 So. 3d 1232 (Fla. 2020)
Authorities Cited
- Sienna Ridge Homeowners' Ass'n, Inc. v. Asia Pac. Sovereign Fund, LLC, 134 So. 3d 1055 (Fla. 4th DCA 2013)