As Florida courts continue to work through the backlog of first mortgage foreclosures (referred to in that way due to their first or priority lien position on the property), it becomes increasingly important for associations to thoroughly review the first mortgagee’s entitlement to the “safe harbor” provisions of Florida Statutes when responding to estoppel requests. For Homeowners’ Associations, the relevant language is included in the Homeowners’ Association Act, Fla. Stat. §720.3085(2)(c), which provides that: Continue reading “Consideration of a first mortgagee’s “safe harbor” request”