DEUTSCHE BANK NAT. v. CORAL KEY CONDO., 4D09-3392.

• Decision Date: 14 April 2010
• Docket Number: No. 4D09-3392.,4D09-3392.
• Citation: Deutsche Bank Nat'l Trust Co. v. Coral Key Condo. Ass'n, 32 So.3d 195 (Fla. App. 2010)
• Parties: DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, Under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp. Mortgage Pass-Through Certificates, Series 2006-5, Appellant, v. CORAL KEY CONDOMINIUM ASSOCIATION (AT CAROLINA), INC., and Dario Luna, Appellees.
• Court: Florida District Court of Appeals

32 So.3d 195

DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, Under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp. Mortgage Pass-Through Certificates, Series 2006-5, Appellant, v.CORAL KEY CONDOMINIUM ASSOCIATION (AT CAROLINA), INC., and Dario Luna, Appellees.

No. 4D09-3392.

District Court of Appeal of Florida, Fourth District.

April 14, 2010.

Jack R. Reiter and Jordan S. Kosches of Adorno & Yoss LLP, Miami, for appellant.

Steven A. Fein and Shelley J. Murray of Fein & Meloni, Esqs., Plantation, for appelleeCoral Key Condominium Association(at Carolina), Inc.

STEVENSON J.

On May 12, 2008, Deutsche Bank National Trust Company filed a mortgage foreclosure complaint, naming the unit owner, Dario Luna, as well as the Coral Key Condominium Association(at Carolina), Inc., as defendants.After seven months of no record activity, the Association filed a motion to compel Deutsche to proceed with the foreclosure sale or pay monthly assessments due to the Association.The trial court granted the motion, explaining that it was fair and equitable for the mortgage holder to pay monthly assessments due to the Association if there is an extended period of delay in the foreclosure proceeding for no good reason.We reverse.

After the trial court entered the order appealed, the Third District issued U.S. Bank National Ass'n v. Tadmore,23 So.3d 822(Fla. 3d DCA2009), which addressed this precise issue.In Tadmore,the court rejected the notion that equity and fairness support an order requiring a bank to pay condominium assessments while foreclosure...