🚨 Safe Harbor Turns on Who Owned the Loan — And EverBank Said It Was Fannie Mae

Federal National Mortgage Association v. The Alden Hotel Condominium Association | Case No. 3D13-1458 | Third District Court of Appeal Counsel argues that the issue is whether Fannie Mae is entitled to safe harbor under the association's declaration or under section 718.116, and that at trial the only relevant question was whether Fannie Mae proved it owned the loan — meaning the actual indebtedness secured by the mortgage and evidenced by the note. His record point is blunt. No party other than Fannie Mae ever claimed ownership. No non-party intervened to claim it. And the entity the association appeared to be suggesting owned the loan, EverBank, testified at trial that Fannie Mae did. The association pressed ownership anyway, he says, solely to defeat safe harbor. Key issues addressed: Fla. Stat. § 718.116 and the safe harbor capping a first mortgagee's assessment liability Whether a declaration's own safe harbor provision operates independently of the statute Proof of ownership of the indebtedness as distinct from holding the note Testimony by the servicer identifying the owner of the loan The absence of any competing ownership claim in the record Findings the trial court made on ownership and their support 🔗 Florida Rules & Legal Resources: www.floridarules.net #SafeHarbor #Section718116 #CondominiumAssessments #FannieMae #ForeclosureLitigation #ThirdDCA #FloridaAppellateLaw #OralArgument #MortgageOwnership #FloridaAppeal