Deutsche Bank v. Harry Beauvais and Aqua Master Association, ETC., ET. AL (Florida)

Deutsche Bank v. Harry Beauvais and Aqua Master Association, ETC., ET. AL (Florida)


In this case, the lower court ruled in favor of the Aqua Master Association. Deutsche bank is appealing the ruling. 

After waiting years for the bank to prosecute their lien interest in this case, Aqua Master Association proceeded to foreclose on the subject property and took title on February 22, 2011. The Beauvais case presents an all too common set of facts. The first foreclosure action was filed on January 23, 2007 and was later dismissed without prejudice on December 6, 2010. Meanwhile, the Aqua Master Association foreclosed on its lien in early 2011 and took title subject the first mortgage. By the time the lender began the foreclosure process on December 18, 2012, the five (5) year statute of limitations had run and the lower court granted a summary judgment in favor of the association and extinguished the lien. The bank appealed to the 3rd DCA and on December 17, 2014, an opinion favorable to the association was issued. The 3rd DCA upheld the statute of limitation making the debt unenforceable but reversed the lower court as to the decision to extinguish the lien. The bank requested and was granted a motion of rehearing en banc and oral arguments are scheduled for November 12, 2015. Currently, there are seven (7) amicus curiae expected to file briefs, six of which favor the lender's position. The court sitting en bane should receive a broad view on this issue that will undoubtedly affect not only homeowners but associations as well.  

Brief
Status: District Court of Appeal's Opinion
CAI Amicus Brief Author: Matthew Estevez, Matthew Estevez, P.A. 
CAI Amicus Brief Review Committee: Robert Diamond, Esq; Mary Howell, Esq.  (California), Stephen Marcus, Esq. (Massachusetts), Laurie S. Poole, Attorney at Law (California), and Steven Sugarman, Esq. (Pennsylvania)

Amicus Curiae Briefs

Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

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