On July 1, 2022, the Eleventh Circuit Court of Appeals issued a published decision in Lamirand v. Fay Servicing LLC that addressed an asserted conflict between the Fair Debt Collection Practices Act (FDCPA) and the Truth in...more
REAL PROPERTY UPDATE -
Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more
5/16/2018
/ Ally Financial Inc ,
American Express ,
Article III ,
Bank of America ,
BAPCPA ,
Chapter 7 ,
Condominiums ,
Consumer Bankruptcy ,
Debt Collectors ,
Deutsche Bank ,
Equifax ,
Exculpatory Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HOA Dues ,
Leases ,
Mortgages ,
Negligence ,
Repossess ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more
3/23/2018
/ Bank of New York (BNY) Mellon ,
Citigroup ,
Condition Precedent ,
Deutsche Bank ,
ECOA ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgages ,
Real Estate Market ,
RESPA ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Unclean Hands ,
Wells Fargo
REAL PROPERTY UPDATE -
Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more
3/2/2018
/ Appeals ,
Article III ,
Banking Sector ,
Breach of Contract ,
Deficiency Judgments ,
Dodd-Frank ,
FACTA ,
Failure To Preserve ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Hearsay ,
Mortgages ,
Notice of Default ,
Standing ,
Truth in Lending Act (TILA)
Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more
2/14/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Breach of Contract ,
Condition Precedent ,
D&O Insurance ,
Diminution in Value ,
Easements ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Fraudulent Concealment ,
Guaranty Claims ,
Hearsay ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Misrepresentation ,
Mortgages ,
Old Republic Title ,
PNC ,
Real Estate Market ,
Regulatory Violations ,
RESPA ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE -
Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more
1/25/2018
/ Article III ,
Banking Sector ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Fraud ,
Mortgages ,
Nationstar ,
Property Damage ,
RESPA ,
Sinkhole ,
Standing ,
State Farm ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more
12/19/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Comenity Bank ,
Covenant of Good Faith and Fair Dealing ,
Debt Collection ,
Deutsche Bank ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE -
Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more
12/1/2017
/ Bank of America ,
Banking Sector ,
Barton Doctrine ,
Debt Collection ,
ECOA ,
Equitable Subrogation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Motion to Dismiss ,
Negligent Misrepresentation ,
RESPA ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE -
Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more
10/18/2017
/ Action to Quiet Title ,
Ad Valorem Tax ,
Attorney's Fees ,
Banking Sector ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Judgments ,
Disclosure Requirements ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Res Judicata ,
Trespass ,
Truth in Lending Act (TILA) ,
Unlawful Detainer ,
Wells Fargo