Article Courtesy of The Benzinga

Published 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 homeowner association.

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 said.

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.