Real Property Update -
Foreclosure / Standing: Trial court erred in entering final judgment in favor of third-party purchaser where third-party purchaser participated in the foreclosure action as if he were a party to the...more
Real Property Update -
Foreclosure / Standing: In moving for involuntary dismissal, borrowers were required to admit as true all of the facts in evidence, including representations made in assignments of mortgage; bank...more
Financial Services Update -
TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more
Real Property Update -
Inverse Condemnation: conditions placed by FDOT on the issuance of a drainage connection permit constituted a land use exaction requiring a factual determination as to whether the drainage...more
Real Property Update -
Foreclosure / Standing: affirming payment order entered pursuant to section 702.10(2), Florida Statutes, against a subsequent purchaser in favor of US Bank as the application of the statute was not...more
Financial Services Update -
TILA / Definition of Creditor: entity that arranges for the extension of credit is not a “creditor” under TILA – Rosolen v. Home Performance Alliance, Inc., No. 19-cv-00024-JLB-NPM (M.D. Fla....more
Financial Services Update -
FCRA: borrower failed to state claim for violation of FCRA based upon alleged fraud/forgery of underlying loan document, which was a legal defense to foreclosure action and not a factual...more
Real Property Update -
Foreclosure Sale / Challenge: borrower failed to meet his burden of establishing that gross inadequacy of foreclosure bid price resulted from "mistake, fraud or other irregularity" in the sale -...more
Real Property Update -
Foreclosure / Standing: assignee of note was entitled to foreclosure for being in possession of original note indorse in blank, consistent with the copy attached to the complaint - Deutsche Bank...more
Real Property Update -
Foreclosure / Jurisdiction: section 720.04's exception to the local action rule is applicable where the cross-collateralized mortgages are construed as one instrument and the court has subject...more
9/18/2020
/ Banking Sector ,
Breach of Duty ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Insurance Industry ,
Real Estate Market ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
Real Property Update -
Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more
8/12/2020
/ Chapter 7 ,
Consumer Financial Products ,
Default Judgment ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lien Priority ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance
Real Property Update -
Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more
7/28/2020
/ Article III ,
Barr v American Association of Political Consultants Inc ,
Debt Collection ,
Easements ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Government Debt-Exception ,
Standing ,
TCPA ,
Title Insurance
Real Property Update -
Wrongful Foreclosure: Borrower could not sustain wrongful foreclosure claim against lender where certificate of sale had been vacated and certificate of title was never issued – Jallali v. Christiana...more
Real Property Update -
Foreclosure: Trial court erred in granting summary final judgment of foreclosure as lender failed to properly prove amounts due by competent substantial evidence - CDC Capital Invs., LLC v. Bayview...more
5/20/2020
/ Duty to Defend ,
Fair Credit Reporting Act (FCRA) ,
False Advertising ,
Foreclosure ,
Harvesting Losses ,
Mortgages ,
Native American Issues ,
Preemption ,
Seafood ,
Standing ,
Student Loans ,
Title Insurance ,
Tribal Governments ,
Unfair Competition
Real Property Update -
Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more
5/20/2020
/ ATDS ,
Bank of New York (BNY) Mellon ,
Chase Bank ,
Condition Precedent ,
Condominiums ,
Damages ,
Discovery ,
Dish Network ,
Fair Credit Reporting Act (FCRA) ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Mandatory Arbitration ,
Mortgages ,
Ocwen ,
Pleading Standards ,
RESPA ,
Revocation ,
Standing ,
TCPA ,
Title Insurance ,
Wells Fargo
Real Property Update -
Foreclosure / Redemption / Intervention: Claim for right of redemption procedurally barred once certificate of title issued; party failed to appeal earlier order denying right to intervene in...more
5/3/2020
/ Allegations ,
Consumer Protection Laws ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Redemption Agreement ,
RESPA ,
TCPA ,
Title Insurance ,
Tort ,
Truth in Lending Act (TILA) ,
US Bank National Association
Real Property Update -
Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more
4/1/2020
/ Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Preemption ,
Public Trust Doctrine ,
Redemption Agreement ,
Riparian Rights ,
Standing ,
Stays ,
TCPA ,
Title Insurance
Real Property Update -
Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more
3/11/2020
/ Affidavits ,
Class Action ,
Contract Terms ,
Duty of Care ,
Duty to Warn ,
Equitable Tolling ,
Exclusions ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FDIC ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Forum Selection ,
Homeowners Association (HOA) ,
HSBC ,
Interest Accrual ,
Leases ,
Liens ,
Mechanics Lien ,
Negligence ,
Old Republic Title ,
Premises Liability ,
Real Estate Market ,
Summary Judgment ,
Title Insurance ,
TransUnion
Real Property Update -
HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more
3/11/2020
/ Ad Valorem Tax ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Department of Revenue ,
Evidentiary Hearings ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners Association (HOA) ,
Lis Pendens ,
Tax Relief ,
TCPA
Real Property Update -
Foreclosure / Standing: Where plaintiff was substituted in as a party plaintiff after original note was filed with the court, introduction of original note bearing blank indorsement into evidence at...more
2/20/2020
/ Action to Quiet Title ,
Article III ,
Consumer Lenders ,
Debt Collection ,
Documentary Stamp Tax ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FDUTPA ,
Fifth Third Mortgage Company ,
Foreclosure ,
JPMorgan Chase ,
Lis Pendens ,
Markups ,
Mortgage Lenders ,
Mortgages ,
Motor Vehicles ,
Nationstar ,
Noteholders ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Wells Fargo
Real Property Update -
HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
2/14/2020
/ Arbitration ,
Arbitration Agreements ,
Article III ,
ATDS ,
Chase Bank ,
Consumer Privacy Rights ,
Contract Terms ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Hilton ,
Homeowners Association (HOA) ,
Indemnification ,
Injury-in-Fact ,
Post-Judgment Enforcement Actions ,
Preemption ,
Prior Express Consent ,
Private Right of Action ,
Real Estate Market ,
Riparian Rights ,
Settlement Agreements ,
Settlement Negotiations ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Willful Violations
Real Property Update -
Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more
2/4/2020
/ Action to Quiet Title ,
Appraisal ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
ECOA ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lis Pendens ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Pleading Standards ,
Real Estate Market ,
Settlement Agreements ,
Sua Sponte ,
Wells Fargo
Financial Services Update -
TCPA / Reassignment of Number: Court denied the defendants' motions for summary judgment where the plaintiff did not give consent to receive calls, even though the defendants obtained consent...more
Real Property Update -
Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more
1/23/2020
/ Action to Quiet Title ,
Article III ,
Bank of America ,
Equifax ,
Exhaustion Doctrine ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
FIRREA ,
Foreclosure ,
Housing Market ,
HSBC ,
Leave to Amend ,
Mortgages ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Truth in Lending Act (TILA)
Real Property Update -
Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more
12/4/2019
/ Article III ,
Boxing ,
Cable Television Providers ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Financial Products ,
Consumer Protection Laws ,
DirecTV ,
Do Not Call List ,
Event Tickets ,
Fair Credit Reporting Act (FCRA) ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Franchises ,
Job Applicants ,
Mortgage Lenders ,
Mortgages ,
Predominance Requirement ,
Real Estate Market ,
Salvation Army ,
Standing ,
Subway ,
TCPA ,
Title Insurance ,
Vicarious Liability