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 -
Quiet Title / Extinguishment: mortgage merged and ceased to be an encumbrance when the mortgage on land and the equity of redemption in the same land become united in the same person - Young Land...more
8/14/2019
/ Action to Quiet Title ,
Class Action ,
Data Breach ,
Encroachments ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Standing ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Unfair or Deceptive Trade Practices ,
Unsolicited Faxes ,
Wells Fargo
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 -
Attorneys' Fees / Voluntary Dismissal: it is an exception to the general rule that when a plaintiff voluntarily dismisses an action the defendant is the prevailing party, when both parties...more
6/6/2019
/ Attorney's Fees ,
Debit and Credit Card Transactions ,
Deutsche Bank ,
FACTA ,
Federal Jurisdiction ,
Financial Services Industry ,
Foreclosure ,
JPMorgan Chase ,
Mortgage Loan Servicing Standards ,
Rooker-Feldman Doctrine ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Voluntary Dismissals
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 -
Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more
5/22/2019
/ Ad Valorem Tax ,
Foreclosure ,
Guarantors ,
Guaranty Claims ,
HSBC ,
Immunity ,
Insurance Agents ,
Insurance Litigation ,
Mortgages ,
Recoupment ,
RESPA ,
Restrictive Covenants ,
Statute of Limitations ,
Tax Exemptions ,
Title Insurance
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
Real Property Update -
Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more
4/24/2019
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Closing Agents ,
Consumer Financial Products ,
Contributory Negligence ,
Damages ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Foreclosure Sales ,
Fraud ,
Marriott ,
Mortgages ,
Self-Authentication ,
Standing ,
Timeshare ,
Title Insurance ,
Title Search ,
Wells Fargo
Real Property Update -
Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more
4/24/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Inverse Condemnation ,
Marketable Title ,
Mortgages ,
Policy Terms ,
Promissory Notes ,
State Departments of Transportation ,
Statute of Limitations ,
Uniform Commercial Code (UCC)
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
Real Property Update -
Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more
3/20/2019
/ Assignments ,
Banks ,
Debt Collection ,
Deutsche Bank ,
Disclosure Requirements ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Litigation ,
Mortgages ,
Negligence ,
Notice of Default ,
Res Judicata ,
TCPA ,
Telemarketing ,
Title Examination ,
Title Insurance
Real Property Update -
Substantive Due Process: land use restriction was executive (not legislative) action, and could not give rise to substantive due process claim since property rights are not a "fundamental right" under...more
Real Property Update -
Foreclosure / Surplus Funds: sections 45.032 and 45.033, Florida Statutes, create a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is...more
2/19/2019
/ Article III ,
Beneficiaries ,
Breach of Contract ,
Estoppel ,
Financial Services Industry ,
Foreclosure ,
Insurance Claims ,
Mortgages ,
Nationstar ,
Policy Terms ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance ,
US Bank National Association
Real Property Update -
Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more
2/19/2019
/ Article III ,
ATDS ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Notices ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Injunctions ,
Insurance Litigation ,
Lyft ,
Mortgages ,
Negligent Misrepresentation ,
Standing ,
TCPA ,
Title Insurance ,
Trespass ,
Unsolicited Faxes ,
Vicarious Liability
REAL PROPERTY UPDATE -
Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more
8/2/2018
/ Auto-Dialed Calls ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Material Misrepresentation ,
Mortgages ,
Nationstar ,
Res Judicata ,
RESPA ,
Right of Redemption ,
Statute of Limitations ,
TCPA ,
Time Warner Cable ,
Title Insurance ,
US Bank National Association