Real Property Update:
- Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more
8/31/2016
/ Affirmative Defenses ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Condominiums ,
Deficiency Judgments ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Liens ,
Lis Pendens ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
Special Damages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Discovery: Good cause not found to enter protective order preventing owner of property, subject to foreclosure, from deposing bank’s only witness on basis that owner of property was not...more
8/12/2016
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Discovery ,
Escrow Accounts ,
Foreclosure ,
Insurable Interests ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Motions to Quash ,
Notice of Default ,
Real Estate Market ,
Service of Process ,
Standing ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Automatic Stay: because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even...more
8/3/2016
/ Attorney's Fees ,
Automatic Stay ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Consumer Bankruptcy ,
Damages ,
Foreclosure ,
Foreclosure Sales ,
JPMorgan Chase ,
Mortgages ,
Notice of Default ,
Real Estate Market ,
Right of Access ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance
Lis Pendens: a party seeking to maintain a lis pendens must establish a “fair nexus” between the party’s claim and the subject property by making “a minimal showing that there is at least some basis for the underlying claim...more
7/25/2016
/ Banking Sector ,
Consumer Lenders ,
Debt Collection ,
Deutsche Bank ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Limitation of Liability Clause ,
Lis Pendens ,
Mortgages ,
Negligence ,
Real Estate Market ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more
7/21/2016
/ Bank of America ,
Banking Sector ,
Banks ,
Breach of Contract ,
Deficiency Judgments ,
Denial of Insurance Coverage ,
Eviction ,
Foreclosure ,
Full Credit Bid ,
Illegal Contracts ,
Insurance Industry ,
Jurisdiction ,
Lienholders ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Motions to Quash ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
Unclean Hands ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more
7/11/2016
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Closing Protection Letters ,
Deficiency Judgments ,
Economic Loss Doctrine ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Fraud ,
Insurance Industry ,
Leave to Amend ,
Liens ,
Lis Pendens ,
Mortgage Fraud ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Prejudgment Interest ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more
6/22/2016
/ Attorney's Fees ,
Banking Sector ,
Deficiency Judgments ,
Equitable Subrogation ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Hearsay ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Loan Modifications ,
Mortgage Servicers ,
Mortgages ,
Notice of Default ,
Post-Judgment Interest ,
Real Estate Market ,
RJ Reynolds ,
Standing ,
Subrogation ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more
6/8/2016
/ Bank of America ,
Bank of New York (BNY) Mellon ,
Class Action ,
Consumer Bankruptcy ,
Deutsche Bank ,
Discovery ,
Equitable Subrogation ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Negligence ,
Real Estate Market ,
Sanctions ,
Short Sales ,
Standing ,
Stays ,
Title Insurance ,
US Bank National Association ,
Vicarious Liability ,
Wachovia ,
Wells Fargo
REAL PROPERTY UPDATE -
Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more
5/26/2016
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Consumer Bankruptcy ,
Countrywide ,
Credit Suisse ,
Deutsche Bank ,
Discovery ,
Fidelity National Title Insurance Company ,
Fifth Third Mortgage Company ,
Foreclosure ,
Hearsay ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Negligence ,
Notice of Default ,
Personal Liability ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more
5/11/2016
/ Attorney's Fees ,
Bank of America ,
Condominiums ,
Consumer Lenders ,
Deutsche Bank ,
Equitable Lien ,
Financial Institutions ,
Foreclosure ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
Landlords ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Old Republic Title ,
Property Insurance ,
Real Estate Market ,
Release Agreements ,
Settlement Agreements ,
Standing ,
Tenants ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more
REAL PROPERTY UPDATE -
Statutory Easement/Attorney’s Fees: appellants that were granted a statutory easement by way of necessity were not entitled to attorney’s fees pursuant to Florida Statutes, Section 704.04 because...more
REAL PROPERTY UPDATE -
Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more
9/16/2015
/ Adverse Possession ,
Banking Sector ,
Banks ,
Citibank ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Land Titles ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Real Estate Market ,
Restrictive Covenants ,
Standing ,
Title Insurance
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
Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more
8/11/2015
/ Banking Sector ,
Banks ,
Borrowers ,
Breach of Duty ,
Compliance ,
Consumer Lenders ,
Easements ,
Escrow Accounts ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
HOEPA ,
HUD ,
Insurance Industry ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Real Estate Market ,
Standing ,
Third-Party Beneficiaries ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more
7/28/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Condominiums ,
Deeds ,
Eviction ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Inequitable Conduct ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Petition for Partition ,
Promissory Notes ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank
REAL PROPERTY UPDATE -
Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more
7/7/2015
/ Attorney-Client Privilege ,
Bank of America ,
Condominium Associations ,
Deutsche Bank ,
Diminution in Value ,
First American Title Insurance Co. ,
Foreclosure ,
JPMorgan Chase ,
Landlords ,
Mortgages ,
Real Estate Market ,
Rent ,
Standing ,
Tenants ,
Title Insurance
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
REAL PROPERTY UPDATE -
Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more
6/16/2015
/ Attorney's Fees ,
Contractors ,
Eminent Domain ,
Equitable Easements ,
Equitable Lien ,
First American Title Insurance Co. ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
Liens ,
Loan Servicer ,
Real Estate Market ,
Statute of Limitations ,
Title Insurance ,
Trespass
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
Eminent Domain/Deposit Funds: plaintiff’s right to interest on funds placed on deposit with Clerk during eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007) needed to be resolved in initial takings...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more