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
Real Property Update -
Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more
2/3/2020
/ Article III ,
AT&T ,
Cause of Action Accrual ,
Condition Precedent ,
Condominiums ,
Consumer Financial Products ,
Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
Deutsche Bank ,
Discovery ,
Document Productions ,
FDCPA ,
Financial Services Industry ,
Mortgages ,
No Prejudice Rule ,
Standing ,
Statutory Interpretation ,
Summary Judgment ,
TCPA
Real Property Update-
Contracts: Escrow agent was bound only by the terms of an escrow agreement to which it was a party and not a purchase agreement to which it was not a party – Carter Dev. of Mass., LLC v. Howard, No....more
12/11/2019
/ Allegations ,
Certificate of Authority ,
Debt Collection ,
Escrow Accounts ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Leave to Amend ,
Motion to Dismiss ,
Property Owners ,
Real Estate Market ,
Real Estate Transactions ,
Right of First Refusal ,
Service of Process
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 -
FDCPA & FCCPA / Debt Collection Activity / Monthly Mortgage Statements: Monthly mortgage statements required by TILA and sent to plaintiff did not amount to “debt collection” because they did...more
11/13/2019
/ Allegations ,
Debt Collection ,
Duty to Defend ,
Encroachments ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Judicial Intervention ,
Mortgage Lenders ,
Mortgages ,
Motion for Reconsideration ,
Motion to Dismiss ,
Motion To Intervene ,
Multidistrict Litigation ,
Payoff Requirements ,
Policy Terms ,
Regulatory Violations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
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 -
Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more
10/31/2019
/ Bad Faith ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Dischargeable Debts ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Forgery ,
Fraud ,
JPMorgan Chase ,
Loans ,
Mortgages ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Promissory Notes ,
Property Surrender ,
Regulatory Violations ,
RESPA ,
Rooker-Feldman Doctrine ,
Time-Barred Claims ,
Title Insurance
Financial Services Update -
Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more
10/23/2019
/ Chapter 7 ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Default Judgment ,
Deutsche Bank ,
Dischargeable Debts ,
Duty to Defend ,
Easements ,
Failure To Disclose ,
FDCPA ,
Financial Services Industry ,
Lenders ,
Predatory Lending ,
Regulatory Violations ,
Remand ,
Res Judicata ,
RESPA ,
Reversal ,
Student Loans ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Workers Compensation Awards
Real Property Update -
Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more
10/11/2019
/ Aggregation Rules ,
ATDS ,
Attorney's Fees ,
Construction Liens ,
Consumer Financial Products ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Joint Tenancy ,
Ocwen ,
Original Jurisdiction ,
Partitions ,
Property Access ,
Robocalling ,
TCPA ,
Title Insurance
Real Property Update -
Foreclosure / Doc Stamps: failure to pay documentary stamp and intangible taxes on increased principal balance under loan modification rendered final foreclosure judgment unenforceable - Schroeder v....more
10/11/2019
/ Advertising ,
Consumer Financial Products ,
Debt ,
Debt Collection ,
Documentary Stamp Tax ,
Dual Purpose ,
FDCPA ,
FedEx ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Indemnification ,
Loan Modifications ,
Mortgages ,
Motion To Strike ,
Shipping ,
Subrogation ,
TCPA ,
Title Insurance ,
Unjust Enrichment
Real Property Update -
Foreclosure Sale: borrowers failed to allege adequate equitable factors and make proper showing to justify setting aside foreclosure sale, but instead re-litigate issues determined in underlying...more
9/3/2019
/ ATDS ,
Bad Faith ,
Breach of Contract ,
Choice-of-Law ,
Deficiency Judgments ,
Deutsche Bank ,
Ditech Holding Corp. ,
Dual Tracking Restrictions ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
Mortgages ,
Partitions ,
Pleading Standards ,
Regulation Z ,
RESPA ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
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-
Landlord-Tenant: rider to a lease, containing clear and unambiguous language, controlled over the terms in the lease and limited the increase in the operating expenses charged to the tenant by the...more
7/25/2019
/ Banks ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Lease Term ,
Mortgages ,
RESPA ,
Reverse Mortgages ,
Statute of Limitations ,
Truth in Lending Act (TILA)
Real Property Update -
Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more
7/8/2019
/ Damages ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Res Judicata ,
RESPA ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
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 -
Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more
6/11/2019
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Harassment ,
Jury Trial ,
Mortgages ,
Nationstar ,
Old Republic Title ,
Refinancing ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
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
Financial Services Update -
• TCPA: plaintiff's putative TCPA class action arose from post-agreement conduct that did not fall within scope of contract's arbitration agreement - Getz v. DirecTV, LLC, 359 F. Supp. 3d 1222...more
5/2/2019
/ Arbitration Agreements ,
Attorney's Fees ,
Debt Collection ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Homeowner's Insurance ,
Homeowners ,
Putative Class Actions ,
RESPA ,
TCPA
Financial Services Update -
FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more
4/24/2019
/ Administrative Procedure Act ,
Concurrent Litigation ,
Consumer Financial Products ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Mortgages ,
Negligence ,
Professional Negligence ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
US Bank National Association
Real Property Update-
Deed Restriction / MRTA: Marketable Records Title to Real Property Act extinguished association's restrictions where restrictions were more than thirty years old, predating lot owner's root of title,...more
4/24/2019
/ Affirmative Use Deed Restrictions ,
Bonds ,
Consumer Financial Products ,
Damages ,
Deficiency Notices ,
Estoppel ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
HSBC ,
Lis Pendens ,
Mortgages ,
Nexus ,
Personal Jurisdiction ,
Standing ,
Statute of Limitations
Real Property Update -
Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more
3/20/2019
/ Ascertainable Class ,
Consumer Bankruptcy ,
Damages ,
Debt Collection ,
Deed-in-Lieu of Foreclosure ,
Dischargeable Debts ,
FCCPA ,
FDCPA ,
Foreclosure ,
Injunctions ,
Lis Pendens ,
Mortgages ,
Rooker-Feldman Doctrine ,
TCPA ,
Title Insurance