Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Villas of Windmill Point II Property Owners' Ass'n v. Bank of New York Mellon
Citations: 197 So. 3d 1288; 2016 Fla. App. LEXIS 13220; 2016 WL 4547956Docket: No. 4D15-3041
Court: District Court of Appeal of Florida; August 31, 2016; Florida; State Appellate Court
Villas of Windmill Point II Property Owners’ Association, Inc. (Villas) appealed a final summary judgment favoring Bank of New York Mellon (BONY), which sought compliance with the safe harbor provision of section 720.3085(2)(c) of the Florida Statutes and declaratory relief. BONY claimed eligibility for the safe harbor because it was the successor or assignee of the first mortgagee, had joined Villas as a defendant in the initial foreclosure action, and had acquired the property through a deed in lieu of foreclosure. The court affirmed the trial court's summary judgment for BONY, finding that BONY’s affidavit met the requirements of the statute and that Villas’ affirmative defenses were insufficient. However, the final judgment included both the amount due under the safe harbor provision and an additional calculation of assessments owed by BONY to Villas since BONY took title. Since BONY did not provide evidence for this post-Certificate of Title assessment, the court reversed that portion of the judgment and remanded the case. On remand, the trial court can either assess the appropriate amount due to Villas or, if agreed upon by parties, state that BONY is liable for all assessments without specifying an amount. The decision was affirmed in part, reversed in part, and remanded. Judges Gross, Taylor, and Damoorgian concurred.