Florida Supreme Court May Give Clarity on Municipal Liens After Foreclosure

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Florida Supreme Court May Give Clarity on Municipal Liens After Foreclosure

Florida Supreme Court May Give Clarity on Municipal Liens After Foreclosure

DBR-

Investors could get clarification on liens imposed after final judgment if the Florida Supreme Court accepts jurisdiction over a closely watched municipal foreclosure.

The question to the high court, certified by a divided appellate panel, is whether a bank’s formal public notice, or lis pendens, at the start of foreclosure proceedings bars a local government’s constitutional right under Florida law to enforce code violations on distressed property. The question targets property after a foreclosure judgment but before the real estate changes hands in a judicial sale.

Fourth District Court of Appeal Judges Alan Forst and Mark Klingensmith concurred on the certification that might lead Florida Supreme Court justices to accept jurisdiction, but their colleague, Judge Robert Gross, dissented without a written opinion.

[DAILY BUSINESS REVIEW]

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