Brittany's Place Condominium Association, Inc. v. U.S. Bank, N.A.

BLACK, Judge.

In this appeal, Brittany’s Place Condominium Association, Inc., challenges the final summary judgment entered in favor of U.S. Bank, N.A. The legal issue before this court is whether ownership of the note and mortgage is essential to entitlement to the limited liability for unpaid condominium assessments afforded by section 718.116(l)(b), Florida Statutes (2013) (the safe harbor provision). That is, in this case, whether U.S. Bank, as the holder of a note and mortgage who is not also the owner, having foreclosed on the property and purchased it at the foreclosure sale, is…