LM Funding Receives Favorable Ruling in Lawsuit Allowing Homeowners Associations to Continue to Collect What They Are Owed

This is a victory for not only LM Funding, but homeowners associations and responsible home and condominium owners throughout Florida.

This particular case involved Wilmington Savings Fund Society, representing a so-called "vulture capital fund" that buys large numbers of distressed mortgages in default or foreclosure. Some of the mortgages Wilmington acquired were in community associations funded and serviced by LM Funding, which contracts with homeowners and condo associations to provide funding and servicing for uncollected dues.

While Wilmington ultimately provided proof of first mortgage status and made a final payment, they filed a lawsuit, alleging that the association's lawyers paid for by LM Funding should not have asked for more than the safe harbor payments, and Wilmington asked a judge to certify their case for class action status. But the U.S. District Court judge in Tampa rejected that request.

After rejecting the class action request, the court went on to say that Florida law already has an efficient way to handle these types of disputes – and those laws are a much better way to resolve matters than class action.

"Without financial assistance from LM Funding, many homeowner associations are unable to fight for what they're owed and have to simply accept unfair terms," said Dawn Wieger O'Neil, a St. Petersburg association attorney who has practiced for 27 years. "This court decision continues to properly allow associations to collect what they are owed."

LM Funding will now pursue legal fees in the Wilmington case. In addition, the company will continue to fight another class action lawsuit in Miami-Dade County involving the Solaris Condominium Association. LM Funding does not believe this case should have been certified as a class action and has appealed that decision as well as the trial court judge's standing because the judge's wife is a partner in the law firm that filed the suit.

"The underlying usury claim is simply frivolous and we will be seeking legal fees from anyone joining the class once we prevail," said Bruce M. Rodgers, Chairman and CEO of LM Funding. "Ultimately, we believe our growth and profitability will be unhindered by these types of predatory lawsuits."

About LM Funding America

Forward-Looking Statements

Company Contact:
Bruce Rodgers
Chairman and CEO
LM Funding America, Inc.
Tel (813) 222-8996
[email protected]

Investor Relations Contact:
Michael Koehler
Liolios Group, Inc.
Tel (949) 574-3860
[email protected] 
Market News and Data brought to you by Benzinga APIs

To add Benzinga News as your preferred source on Google, click here.


Posted In: