Daily Archives: June 25, 2013

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Condo association beats bank in million-dollar foreclosure battle

Condo association beats bank in million-dollar foreclosure battle

It is a condominium association’s version of winning the lotto.

A big bank missed its deadline to file for foreclosure on a million-dollar condo unit by 10 days.

As a result, Peninsula Condominium Association in Aventura will get to keep the condo — a fancy three-bedroom, three-bathroom bayfront pad that it took ownership of three years ago in its own foreclosure over $61,313 in unpaid fees.

“They got a free condo,” said Michael Cotzen, partner at Hollywood law firm Mansfield Bronstein, which represents the condo association. “You don’t get anything free in this world — but they did.’’

The condo association’s winning argument: The five-year statute of limitations for U.S. Bank to file for foreclosure had passed.

Miami-Dade Circuit Judge Peter R. Lopez agreed.

“We are utterly and completely delighted,” said Edward Steinberg, president of the Peninsula Condominium Association. “It’s a profoundly positive impact for the association.’’

 

 

Justices to Hear Case on Obama’s Recess Appointments

WASHINGTON — The Supreme Court on Monday agreed to decide whether President Obama violated the Constitution last year when he bypassed the Senate in making three recess appointments to the National Labor Relations Board.

Read more: http://www.nytimes.com/2013/06/25/us/justices-agree-to-hear-case-on-presidents-recess-appointments.html

 

Major problems with this case:

1. Former office of Legal Counsel Jack Goldsmith in the Bush Administration redacted memo in February 2004 on defending recess appointment. Holder used Goldsmith’s memo as argument. Read more from Goldsmith’s memo: https://www.documentcloud.org/documents/369214-redacted-goldsmith-memorandum.html

2. Bush did recess appointments for National Labor Relations Board:

Table 4. Recess Appointments to Full-Time Positions by
President George W. Bush, January 20, 2001-
October 31, 2008

a
(Intrasession appointments bolded)
Recess appointee Position Appointment
date
Peter J. Hurtgen Member (designated Chairman), National
Labor Relations Board
8/31/2001

Michael J. Bartlett Member, National Labor Relations Board 1/22/2002
William B. Cowen Member, National Labor Relations Board 1/22/2002

http://www.fas.org/sgp/crs/misc/RL33310.pdf