REAL PROPERTY UPDATE -
- Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more
3/30/2016
/ Ad Valorem Tax ,
Deutsche Bank ,
E&O Insurance ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgages ,
Property Tax ,
Residential Real Estate Market ,
Statute of Limitations ,
Title Insurance
REAL PROPERTY UPDATE -
- Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more
3/24/2016
/ Article III ,
Attorney's Fees ,
Banking Sector ,
Deeds ,
Deficiency Judgments ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Homestead Exemption ,
JPMorgan Chase ,
Mortgages ,
Residential Real Estate Market ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more
REAL PROPERTY UPDATE -
- Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more
2/24/2016
/ Attorney's Fees ,
Bad Faith ,
Bank of New York (BNY) Mellon ,
Discovery ,
Fidelity National Title Insurance Company ,
Foreclosure ,
HSBC ,
Notice of Default ,
Service of Process ,
Standing ,
Title Insurance ,
Wells Fargo
Real Property Update -
Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more
REAL PROPERTY UPDATE -
Foreclosure/Documentary Stamp Tax: deferred interest on a “pick-a-payment” mortgage did not amount to future advance, which would have required payment of documentary stamp tax - Steinberg v. Wells...more
10/27/2015
/ Attorney Malpractice ,
Bank of America ,
Borrowers ,
Consumer Bankruptcy ,
Consumer Lenders ,
Debtors ,
Documentary Stamp Tax ,
Equitable Subrogation ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Financial Institutions ,
Foreclosure ,
Homeowners ,
Insurance Industry ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more
9/9/2015
/ Banking Sector ,
Banks ,
Construction Industry ,
Consumer Lenders ,
Deficiency Judgments ,
Dismissal With Prejudice ,
Duty of Care ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Final Judgment ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
GMAC ,
Insurance Industry ,
Mechanics Lien ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Ratification ,
Real Estate Market ,
Recusal ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE:
Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more
6/24/2015
/ Breach of Duty ,
Deutsche Bank ,
Escrow Accounts ,
FDIC ,
Fidelity National Title Insurance Company ,
Fiduciary Duty ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Good Faith ,
Insurance Industry ,
Land Titles ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reinsurance ,
Short Sales ,
Standing ,
Title Insurance ,
Wachovia