REAL PROPERTY UPDATE -
Foreclosure/Standing: because plaintiff was not original lender, plaintiff failed to prove standing to foreclose on mortgage loan where plaintiff failed to submit note with blank or special...more
REAL PROPERTY UPDATE -
Foreclosure/Priority: bank entitled to relief from judgment where junior lienholder foreclosed on subject property and Court ordered sale of property free and clear of all claims by bank – Bank of...more
REAL PROPERTY UPDATE -
Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more
REAL PROPERTY UPDATE -
Eminent Domain: property owners forced to defend against excessive litigation caused by condemning authority entitled to attorneys’ fees: (1) for hours defending excessive litigation, fees should...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: 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 -
- Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of...more
10/8/2015
/ Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Inverse Condemnation ,
Mortgages ,
Motion To Intervene ,
Prejudice ,
Residential Real Estate Market ,
Standing ,
Statute of Limitations ,
Takings Clause ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was...more
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 -
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/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more
9/3/2015
/ Bank of America ,
Captive Insurance Company ,
Class Action ,
Delinquent Borrowers ,
Deutsche Bank ,
Fair Market Value ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Loan Modifications ,
Mortgage Escrow Account ,
Mortgage Lenders ,
Mortgages ,
Prejudice ,
Property Owners ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Washington Mutual
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS -
Title Insurance Task Force Conference Call: In advance of the upcoming Summer National Meeting in Chicago, the Title Insurance Task Force (“Task Force”) held a conference...more
8/14/2015
/ Affiliated-Business Arrangements ,
Closing Documents ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Escrow Holders ,
Financial Institutions ,
Insurance Industry ,
Mortgage Servicers ,
NAIC ,
Proposed Regulation ,
Residential Real Estate Market ,
Title Insurance
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 -
Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more
6/3/2015
/ Affirmative Defenses ,
Breach of Contract ,
Commercial Leases ,
Duty to Defend ,
Duty to Disclose ,
Foreclosure ,
Genuine Issue of Material Fact ,
Negligence ,
Notice Requirements ,
Property Valuation ,
Restrictive Covenants ,
Title Insurance ,
Underwriting
REAL PROPERTY UPDATE -
State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS -
Title Insurance Task Force To Survey Affiliated Business Arrangements: The Title Insurance Task Force (“Task Force”) recently conducted a conference call and among the...more
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)
Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more
4/29/2015
/ Attorney's Fees ,
Class Action ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Discovery ,
Equitable Lien ,
FCCPA ,
Foreclosure ,
Liens ,
Statute of Limitations ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more