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Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Texas Appellate Court decision (February 13, 2015). A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents....
Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

by Lawrence Szabo, Esq. | Feb 8, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest

Florida Appellate Court decision (February 5, 2015). This case involved an appeal by a homeowners association of a trial court ruling that granted a homeowner the right to redeem its property after the association had taken title by way of a foreclosure sale. In April...
Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

by Lawrence Szabo, Esq. | Feb 3, 2015 | Case Decisions, Dispute Resolution

US Supreme Court decision (January 13, 2015). This case addressed the issue of what steps a borrower must take in order to effectively rescind a loan under the Truth in Lending Act. The threshold issue was whether a borrower exercises rescission rights by merely...
Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition

by Lawrence Szabo, Esq. | Jan 30, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions...
Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

“Res Judicata” Doctrine Bars Action – Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal

by Lawrence Szabo, Esq. | Jan 24, 2015 | Case Decisions, Dispute Resolution

Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate agent and several other parties that were involved in the transaction. The trial court granted the defendants’ motions to...
Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner

by Lawrence Szabo, Esq. | Jan 17, 2015 | Case Decisions, Ownership and Transfer of Interest

US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale conducted by the community homeowners association approximately two and one-half hours prior to the filing of a Chapter...
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