Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger

A mortgage loan is typically assigned several times during its term, and may be held by one entity but serviced by another. Different disclosure requirements apply depending upon whether information is sought about the ownership of the mortgage loan or its servicing. Knowing exactly who owns and services the mortgage is a critical first step to negotiating a binding workout or loan modification.

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Third, the trust must be funded with property. There must be an identifiable trust res or corpus. Any form of property, including stocks, real property, mortgage securities, easements, causes of actions, can be the corpus of a trust as long as the settlor has an interest in the object. In general, a trust does not have to be in writing to be valid.

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from Osceola County, Florida’s foreclosure “rocket docket” proceedings which appears to validate the statements contained in this paragraph. This scenario does not speak well to the intent of Florida Legislature or the Supreme Court of the State of Florida to mandate speedy judicial outcomes over apparent denial of due process of law.