Real Property Update -
Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more
12/4/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Consumer Lenders ,
Department of Agriculture ,
Failure to Investigate ,
Fair Credit Reporting Act (FCRA) ,
False Pretenses ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Florida ,
Foreclosure ,
HAMP ,
JPMorgan Chase ,
Loan Modifications ,
Misrepresentation ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Ocwen ,
Partitions ,
Real Estate Market ,
State and Local Government ,
Takings Clause ,
Title Insurance ,
US Bank National Association
Financial Services Update -
FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more
11/8/2019
/ Article III ,
ATDS ,
Bankruptcy Code ,
Class Action ,
Consumer Financial Products ,
Credit Reports ,
Failure To State A Claim ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Mortgages ,
Prior Express Consent ,
Settlement ,
Standing ,
TCPA ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Wachovia
Real Property Update -
Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more
10/31/2019
/ Article III ,
Class Action ,
Consumer Financial Products ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Old Republic Title ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Title Reports ,
US Bank National Association
Real Property Update -
Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more
9/24/2019
/ Ad Valorem Tax ,
Article III ,
Bank of New York (BNY) Mellon ,
Credit Reports ,
Duty to Defend ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDUTPA ,
Financial Services Industry ,
Florida ,
Gross Negligence ,
Homesteads ,
Motion to Dismiss ,
Portability ,
Promissory Notes ,
Property Tax ,
Reformation ,
Standing ,
Summary Judgment ,
Tax Benefits ,
Title Insurance
Financial Services Update -
TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more
9/17/2019
/ Article III ,
ATDS ,
Capital One ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Harassment ,
Lenders ,
Ocwen ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA
Real Property Update -
Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more
8/12/2019
/ Article III ,
Condominium Associations ,
Condominiums ,
Constructive Possession ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
Foreclosure / Business Records / Hearsay: trial court abused its discretion in excluding collection notes into evidence where witness sufficiently laid predicate for admissibility of these records -...more
7/8/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Mortgages ,
Popular ,
RESPA ,
Standing ,
TCPA
Real Property Update -
Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more
6/7/2019
/ Ad Valorem Tax ,
Advertising ,
Article III ,
Class Certification ,
Consequential Damages ,
Consumer Reporting Agencies ,
Consumer Reports ,
Deficiency Judgments ,
Dish Network ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Contracts ,
Misrepresentation ,
Public Officials ,
Standing ,
Tax Exemptions ,
TCPA ,
Unsolicited Faxes
Real Property Update -
Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more
5/22/2019
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Damages ,
ECOA ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
RESPA ,
Sanctions ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
Real Property Update -
Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
5/22/2019
/ Ad Valorem Tax ,
Attorney's Fees ,
Deeds ,
Demand Letter ,
Depositions ,
Expert Witness ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraud ,
Homeowners Association (HOA) ,
HSBC ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Policy Exclusions ,
Preemption ,
Recoupment ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
• Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more
5/2/2019
/ Auto-Dialed Calls ,
Condition Precedent ,
Constitutional Challenges ,
Creditors ,
Debt Collection ,
Debtors ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Fraudulent Concealment ,
Free Speech ,
Mortgage Lenders ,
Mortgages ,
Notice Requirements ,
Property Owners ,
RESPA ,
Reversal ,
Reverse Mortgages ,
Sales Contracts ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Tolling
Real Property Update -
• Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more
5/2/2019
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bonds ,
Contract Claims ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners ,
Hospitals ,
Landlords ,
Mortgage Lenders ,
Motion to Dismiss ,
Personal Liability ,
Property Liens ,
Remand ,
Res Judicata ,
Residential Leases ,
Reversal ,
Special Tax ,
Statute of Limitations ,
Summary Judgment ,
Tenants ,
Title Insurance ,
Trial Court Orders ,
Waiver of Rights ,
Zoning Laws
Financial Services Update -
FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more
2/19/2019
/ Article III ,
Consumer Reports ,
Credit Reporting Agencies ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Fannie Mae ,
Financial Services Industry ,
Hiring & Firing ,
Mortgage Lenders ,
Putative Class Actions ,
Standing
REAL PROPERTY UPDATE -
- Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more
6/28/2018
/ Action to Quiet Title ,
Condition Precedent ,
Condominium Associations ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deutsche Bank ,
Equitable Lien ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Foreign Judgments ,
Fraudulent Transfers ,
Insurance Code ,
Midland Funding ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Personal Jurisdiction ,
Restrictive Covenants ,
Specific Jurisdiction ,
Supplemental Jurisdiction ,
TCPA ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
6/6/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HELOC ,
JPMorgan Chase ,
Mortgages ,
Policy Exclusions ,
RICO ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
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 -
Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more
4/25/2018
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Condition Precedent ,
Debt Collection ,
Deutsche Bank ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Lis Pendens ,
Marketable Title ,
Mortgages ,
Pleadings ,
Regulatory Violations ,
RESPA ,
RICO ,
TCPA ,
Title Insurance ,
US Bank National Association
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 -
- Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more
10/9/2017
/ Advertising ,
Article III ,
Auto-Dialed Calls ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Class Action ,
Class Certification ,
Constructive Notice ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
HUD ,
Insurance Industry ,
Late Notices ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Putative Class Actions ,
RESPA ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more
8/8/2017
/ Banking Sector ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Nationstar ,
Policy Terms ,
TCPA ,
Title Insurance ,
Title Search ,
Truth in Lending Act (TILA) ,
Unsolicited Faxes