The Fourth District Court of Appeals Rules Against Third-Party Purchaser

FORT LAUDERDALE, FLORIDA, UNITED STATES, September 26, 2013 /EINPresswire.com/ -- Florida-based law firm, PeytonBolin, has celebrated another successful win for associations regarding foreclosures. On August 28, 2013, the Fourth District Court of Appeals, which presides over Broward, Palm Beach, Martin, St. Lucie and Okeechobee Counties, ruled in favor of Sienna Ridge Homeowners’ Association, Inc. stating that a third party bidder cannot try to reduce its liability for unpaid assessments by a motion to enforce final judgment in a bank foreclosure action. 

The underlying case was a bank foreclosure action in which the plaintiff obtained a final judgment in foreclosure, and a third party bidder obtained title to the property at the bank foreclosure sale. The third party buyer then tried to avoid liability for past due assessments by filing a “Motion to Enforce Final Judgment.”  The trial judge entered an order in favor of the third party purchaser reducing its liability for past due assessments.  

PeytonBolin appealed the Broward County Circuit Court decision on behalf of Sienna Ridge Homeowners’ Association.  The Court of Appeal agreed with the position that the third party purchaser had no rights under the bank’s final judgment and could not file a motion to enforce final judgment.

“We are thrilled that we were able to argue this case on behalf of our client and receive a favorable outcome. The credit really goes to the board and residents of Sienna Ridge Homeowners’ Association for the time they spent on this issue and their willingness to take legal action. We hope this sends a message to other associations to fight for what they are entitled to,” said Mauri Peyton, founding partner of PeytongBolin and lead counsel on the case.

The Sienna Ridge case is one of many recent achievements for PeytonBolin representing homeowners associations. In June, the firm won a case for Alden Hotel Condominiums in Miami-Dade against Fannie Mae. That case is currently under appeal and being closely watched by many because of the important impact the outcome will have on association law. To view a copy of the judgment click here

PeytonBolin, PL is a Florida-based law firm headquartered in Fort Lauderdale with offices in Tampa, New York City and Jersey City. PeytonBolin is focused on the practice of Community Association Law, providing legal services to associations and individual owners.  Partnering with condominium and homeowner associations throughout Florida, PeytonBolin PL provides collections services, covenant enforcement, and guidance to boards to successfully manage their community affairs. Representation for both associations and individuals encompasses the key areas of insurance, construction, contract disputes and debt collection. At PeytonBolin, we are committed to practicing law in a way that is refreshingly unique – always accessible and never pretentious. Obtaining our clients’ objectives in the most strategic, creative and economically efficient way possible is our highest priority.

Wendy Lieber
Athena Marketing
954-294-6467
email us here

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