Article Courtesy of The Benzinga
May 6, 2016
Florida foreclosure attorney Dillon Graham shared
support for the Fourth District Court of Appeal's March 30 ruling in
Alexandre v. Scribner Village Homeowners Association Inc.,
counting it a win for homeowners' rights.
According to Florida foreclosure attorney Dillon Graham, managing
partner at Miami law firm Graham Legal, P.A., the Fourth District Court
of Appeal served justice in its recent ruling against a Wellington
The case in question involved a homeowner, Marie Alexandre, who had been
denied a request for overruling the final foreclosure judgement on her
home by the Palm Beach Circuit Court. The Daily Business Review reported
on March 31 that the Fourth District Court of Appeal sided with
Alexandre, holding that her community's homeowners association was wrong
in proceeding with a foreclosure.
"Defending the rights of homeowners has always been my main objective,
so I appreciate when courts stand up for those rights," Graham said.
For some background, Scribner Village Homeowners Association Inc.
previously took Alexandre to court over past due assessments. The case
resulted in the HOA being afforded a final judgement on the lean, at
which time Alexandre's home was put up for sale. While Graham states
that at this point, the law was upheld, it's what happened next that he
calls, "an obvious infringement on a homeowner's rights."
Following the final judgement, court records show Alexandre had filed
Chapter 11 bankruptcy and informed the courts. Such action should have
put an automatic stay on the foreclosure. Instead, the HOA went through
with the sale, and the clerk of court confirmed the sale of the home to
the HOA and issued the title.
"The proceedings should have never been permitted to go this far, though
I hate to admit that I'm not surprised that they did," Graham said.
When the HOA filed a writ of possession attempting to remove the
homeowner, she pleaded with the circuit court to allow her to stay in
her home and reverse the previous judgement. When the case went on to
the appellate court, the HOA did not make an appearance. Of the
decision, Graham said he was happy to see the appellate court ruling in
the homeowner's favor.
Graham said that he has seen situations like this before, and believes
he will see them again in the future. According to Graham, it's not
uncommon for HOAs to stray from proper protocol when seeking a judgement.
He added that courts can be quick to rule in the HOA's favor in these
cases, and homeowners aren't always knowledgeable enough about the law
to know how to fight back.
"Injustice fuels my dedication to providing homeowners with the
knowledge and tools needed to protect their rights in court," Graham
About Graham Legal, P.A.
Graham Legal, P.A. is a consumer oriented law firm that represents
individuals against banks, insurance companies and other wrongdoers.
Areas of focus include foreclosure defense and personal injury law. It
was founded on the belief that everyone deserves quality legal
representation regardless of income, background, or situation. Graham
Legal, P.A. seeks to put the power into the hands of people by providing
wronged individuals with a fair, affordable chance at justice. For more
information, visit: http://grahamlegalpa.com.