VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC., APPELLANT,
v.
BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2005-40CB, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-40CB, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A property owners' association appeals summary judgment in favor of a mortgage trustee seeking to enforce the safe harbor provision of Florida's homeowners' association statute. The court affirms the safe harbor determination but reverses and remands regarding the calculation of post-foreclosure assessments that lack evidentiary support.
BONY satisfied all statutory requirements for the safe harbor provision, and the trial court properly found Villas' affirmative defenses legally insufficient. However, the judgment's calculation of assessments accrued after BONY took title was not supported by evidence and must be deleted or remanded for proper determination.
[1] A party may qualify for the safe harbor provision of section 720.3085(2)(c), Florida Statutes, by establishing that it is the successor or assignee of the first mortgagee…
[2] Affirmative defenses are legally insufficient to defeat a cause of action when they fail to present a valid legal basis for opposition.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“BONY's affidavit established all the requirements of section 720.3085(2)(c), and the trial court properly found that the Villas' affirmative defenses were legally insufficient to defeat BONY's cause of action.”
Establishes that BONY met the statutory safe harbor requirements and Villas' defenses failed as a matter of law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBank of New York Mellon, as trustee, filed suit against Villas of Windmill Point II Property Owners' Association seeking compliance with the safe harb…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Deed In Lieu Of Foreclosure cases and more on FLexlaw
Villas of Windmill Point II Property Owners’ Association, Inc. (“Villas”) appeals the final summary judgment entered in favor of Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust 2005-40CB, Mortgage Pass Through Certificates, Series 2005-40CB (“BONY”). BONY filed suit to compel Villas’ compliance with the safe harbor, provision of section 720.3085(2)(c), Florida Statutes, and for declaratory relief. BONY alleged that it qualified for the safe harbor provision because it (1) was the successor or assignee of the first mortgagee, (2) joined the Villas as a defendant in the initial foreclosure' action, and (3) acquired the property by deed in lieu of foreclosure.
We affirm the trial court’s entry of summary judgment for BONY, because BONY’s affidavit established all the requirements of section 720.3085(2)(c), and the trial court properly found that the Villas’ affirmative defenses were legally insufficient to defeat BONY’s cause of action.
However, the final judgment not only includes a calculation of the amount due in accordance with the 'safe harbor provision, but also includes a calculation of the amount due from BONY to Villas for assessments that accrued since BONY took title to the parcel. Because BONY failed to present any evidence to support the post-Certificate of Title assessment amount listed in the final judgment, we reverse and remand for the trial court to delete that calculation from the final judgment. On remand, the trial court may either: (1) take evidence and determine the correct post-Certificate of Title assessment amount due to Villas; or (2) if the. parties agree, simply state- in the final judgment that BONY is liable for all assessments that accrued since BONY received the Certificate of Title, without stating a specific dollar amount.
Affirmed in part, Reversed in part, and Remanded.
GROSS, TAYLOR and DÁMOORGIAN, Jj., concur.