Legal Opinion

Federal National Mortgage Ass'n v. Mirabella at Mirasol Homeowners' Ass'n

District Court of Appeal of Florida

Decided November 23, 2016No. 4D15-4792Published

1Opinion of the Court

LEE, ROBERT W.,

Associate Judge.

The question in this appeal is one of first impression in Florida: which word does the word “initially” modify in the statute limiting liability of a first mortgage holder for certain homeowner association assessments? Because we believe the trial court correctly construed the statute by applying that word to the verb “join,” we affirm.

The appellant Federal National Mortgage Association (“FNMA”) obtained title to certain real property in Palm Beach County through an action foreclosing its first mortgage. At the time it filed its foreclosure action, it failed to…

2Cases cited1 opinion

  1. LR5A-JV, LP v. Little House, LLCDistrict Court of Appeal of Florida · 2008

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