Woodview Condominium Association v. Shanahan

Shanahan (defendant) sold his condo to Pratts, financing the sale himself and taking back a mortgage; when Pratts defaulted, Shanahan took possession as mortgagee in possession and began leasing the unit to third parties before eventually foreclosing years later. The condo association (plaintiff) sued both men for unpaid condominium fees spanning the entire period, and the trial court held Shanahan and Pratts jointly liable for fees accrued between Pratts's default and Shanahan's foreclosure. Shanahan appealed, arguing he owed nothing for fees assessed after he originally sold the unit to Pratts.

Whether a mortgagee in possession of property assumes both the rights and duties of a prudent owner.