In U.S. Bank National Association as Trustee for the Benefit of Harborview v. Tadmore, 34 Fla. L. Weekly 2505 (Fla. 3DCA 2009), the Florida Third District Court of Appeal ruled that it was improper to order a bank to diligently proceed with a foreclosure within 30-days or to start paying the condominium monthly maintenance fees. In this case, the foreclosure case was ongoing for over a year when the condominium association filed a motion to compel the bank to either foreclose or to start paying the association monthly fees. The Third District held that Florida law only requires a bank to pay the association fees after it acquires title to the property and not before the foreclosure is complete. In the end, a Court cannot go against established law to order what it considers to be the best interests of equity or social justice.
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