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/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 -
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 -
- Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more
10/20/2015
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Breach of Contract ,
Compliance ,
Condominiums ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Department of Transportation (DOT) ,
Eminent Domain ,
Estate Claims ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners ,
Insurance Industry ,
JPMorgan Chase ,
Kickbacks ,
Mortgages ,
Referral Fees ,
Residential Real Estate Market ,
RESPA ,
Service Agreements ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Certiorari; discovery: Certiorari review was not available to an owner of property seeking review of a trial court’s order denying his discovery requests, where the order did not completely...more
10/13/2015
/ Appeals ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Certiorari ,
Closing Protection Letters ,
Deficiency Judgments ,
Discovery ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Property Owners ,
Residential Real Estate Market ,
Subject Matter Jurisdiction ,
Title Insurance
REAL PROPERTY UPDATE -
Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more
9/25/2015
/ Bank of New York (BNY) Mellon ,
Condominiums ,
Credit Bids ,
Default Judgment ,
FDIC ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Lenders ,
Residential Real Estate Market ,
Summary Judgment ,
Title Insurance
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
Foreclosure: trial court abused its discretion in dismissing foreclosure action with prejudice, cancelling substantial debt, and denying lender ability to refile a foreclosure action without making finding of facts as...more
5/13/2015
/ Bank of America ,
Bank of New York (BNY) Mellon ,
Business Records ,
Countrywide ,
Deficiency Judgments ,
Equitable Lien ,
Foreclosure ,
GMAC ,
HSBC ,
Lis Pendens ,
Mortgages ,
Promissory Fraud ,
Promissory Notes ,
Remand ,
Res Judicata ,
Residential Property Owners ,
Standing ,
Uniform Commercial Code (UCC)