KURT L. HUDSON
v.
U.S. BANK, NATIONAL ASSOCIATION
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This appeal concerns a mortgage foreclosure action by U.S. Bank against Kurt L. Hudson, who had already lost the property in a prior foreclosure by his condominium association for unpaid assessments. The bank sought foreclosure of its mortgage and any deficiency judgment. Hudson raised affirmative defenses and alleged that Wells Fargo collected fraudulent fees in violation of RICO and state law.
The court affirmed the final judgment of foreclosure, holding that the affirmative defenses raised did not establish meritorious defenses to foreclosure after Hudson was no longer the property owner. However, Hudson's RICO and fraud allegations regarding Wells Fargo's collection of fees constitute personal claims that he may assert as a set-off against any deficiency judgment claim.
[1] A mortgagor whose property has already been foreclosed by a condominium association for unpaid assessments has no meritorious affirmative defenses to a subsequent mortgag…
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Join FLexlaw to unlock all legal intelligenceHudson was the original mortgagor on a property that was foreclosed by the condominium association for unpaid assessments, thereby extinguishing his o…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Senior Judge; L.T. Case No. 2015CA019042 (11).
Kurt L. Hudson, Chicago, IL, pro se. Michele L. Stocker of Greenberg Traurig, P.A., Fort Lauderdale, and M. Hope Keating and Karusha Y. Sharpe of Greenberg Traurig, P.A., Tallahassee, for Appellee U.S. Bank National Association.
PER CURIAM.
This is an appeal of a final judgment of mortgage foreclosure. While appellant was the original mortgagor, appellant lost the property in a foreclosure action by his condominium association for unpaid condominium assessments. He was joined in the appellee bank’s foreclosure complaint because he was the maker of the note. The only relief the bank sought was foreclosure of the mortgage and a deficiency if the proceeds of sale were insufficient to cover the mortgage. Only the request for deficiency constituted a request for relief against appellant, as appellant’s interest in the property had already been foreclosed. The appellant raised several affirmative defenses, but we conclude that they did not establish meritorious defenses to the foreclosure after he was no longer the owner of the property. Appellant did allege that Wells Fargo collected fraudulent monthly inspection fees and late charges, which he paid, but which violated the Federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C., section 1961, and related state laws. If his defense is meritorious, it is a claim which is personal to him which he can assert as a set-off against any claim for a deficiency judgment.
For these reasons we affirm the final judgment of foreclosure.
WARNER, CIKLIN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.