REAL PROPERTY UPDATE -
Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more
REAL PROPERTY UPDATE -
Probate/Quit Claim Deeds: trial court correctly ordered personal representative to issue deeds conveying properties to son and mother, subject to life estate held by son – Ciungu v. Bulea, Case...more
Real Property Update:
Deed Restriction: genuine issue of material facts remains concerning whether original parties to deed with restrictions contemplated future unilateral amendments to restrictions that would bind...more
Foreclosure/Statute of Limitations: filing date of amended complaint for purposes of statute of limitations relates back to filing date of original complaint – HSBC Bank USA, National Association as Trustee for Nomura Asset...more
Foreclosure: trial court violated purchaser’s procedural due process rights in setting aside judicial sale of property without giving notice to purchaser. Further, trial court abused its discretion in setting aside judicial...more
REAL PROPERTY UPDATE -
Service of Process: return of service is not required to expressly list the factors defining the “manner of service” contained in Section 48.031(1)(a), Florida Statutes, not included in the...more
REAL PROPERTY UPDATE -
Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more
REAL PROPERTY UPDATE -
Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more
1/28/2015
/ Commercial Leases ,
Commercial Property Owners ,
Cotenancy Provisions ,
Due Process ,
Escrow Accounts ,
Foreclosure ,
Insurance Litigation ,
Loss of Use ,
Motion to Vacate ,
Property Insurance ,
Retail Market ,
Retailers ,
Standing ,
Statute of Limitations ,
Subrogation ,
Tenants ,
Title Insurance
Mortgage servicers beware. Mortgagors in Florida are defending residential mortgage foreclosures based on the allegation that the servicer failed to give them notice of assignment of the right to bill and collect on the debt...more
REAL PROPERTY UPDATE -
- Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more
1/6/2015
/ Action to Quiet Title ,
Appraisal ,
Bad Faith ,
Banks ,
Deeds ,
Disclosure Requirements ,
Duty to Defend ,
Foreclosure ,
Negligence ,
Prejudgment Interest ,
Property Insurance ,
Real Estate Investments ,
Real Estate Market ,
Recording Requirements ,
Right of Access ,
Standing ,
Title Insurance
REAL PROPERTY UPDATE -
Contract Interpretation: trial court erred by interpreting declaration in way that rendered provisions meaningless – Bethany Trace Owners’ Association, Inc. v Whispering Lakes I, LLC, et al., No....more
REAL PROPERTY UPDATE -
- Harris Act/Inverse Condemnation: dismissal was (1) improper as to landowners’ Harris Act claim because amendments to County’s land use plan were applied specifically to landowners’ property by...more
11/25/2014
/ Duty to Defend ,
Foreclosure ,
Homestead Exemption ,
Inverse Condemnation ,
IRS ,
Liens ,
Petition for Partition ,
Priority Debt ,
Property Owners ,
Real Estate Transfers ,
Spoliation ,
Title Insurance
REAL PROPERTY UPDATE -
- Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more
11/14/2014
/ Accelerated Payments ,
Attorney's Fees ,
Business Records ,
Commercial Property Owners ,
Foreclosure ,
HOEPA ,
Medical Devices ,
Retailers ,
Right To Cure ,
Specific Performance ,
Standing ,
Target ,
Title Insurance
REAL PROPERTY UPDATE -
- Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more
9/23/2014
/ Action to Quiet Title ,
Appraisal ,
Duty to Defend ,
Economic Loss Doctrine ,
Email ,
Evidence ,
Foreclosure ,
Mechanics Lien ,
Real Estate Transfers ,
Release Agreements ,
Scope of Coverage ,
Service of Process ,
Standing ,
Subject Matter Jurisdiction ,
Written Notice
REAL PROPERTY UPDATE -
- Foreclosure/Standing: to establish a prima facie case for mortgage foreclosure, successor mortgagor must introduce evidence it was in possession of original note with blank endorsement at time...more
former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more
Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC...more
Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more
7/22/2014
/ Attorney's Fees ,
Disclosure ,
Easements ,
Exclusions ,
Foreclosure ,
Jurisdiction ,
Litigation Fees & Costs ,
Mortgage Fraud ,
Policy Exclusions ,
Riparian Rights ,
Subrogation ,
Title Insurance
Foreclosure: reservation of jurisdiction in final judgment to determine amount of attorneys’ fees renders that portion of judgment non-final and non-appealable – BAC Home Loans Servicing LP v. Ridgway, No. 1D13-3853 (Fla. 1st...more
Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property...more
Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more
I. FLORIDA STATE CASES - SARA WITMEYER -
- Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
- Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more
I. FLORIDA STATE CASES -
Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more
I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES -
- Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that...more