Real Property Update -
Easement / Restrictions: Reversing portion of final judgment declaring that new LLC could not impose restrictions, whether reasonable or not, on easement rights granted to individual in plat –...more
Real Property Update -
Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus...more
Real Property Update -
Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021)...more
Real Property Update -
Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more
Real Property Update -
Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more
6/18/2021
/ Article III ,
ATDS ,
Attorney's Fees ,
Condominiums ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Injury-in-Fact ,
Mortgages ,
Popular ,
Standing ,
TCPA
Financial Services Update -
TCPA / ATDS: To qualify as an ATDS, a device must have the capacity to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or...more
Real Property Update -
Foreclosure / Continuance: Trial court erred by denying joint motion for continuance of trial, and forcing parties to try case, because the parties had settled the main issues in litigation after...more
Real Property Update -
Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla....more
Real Property Update -
Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A....more
Financial Services Update -
FCRA: Charged off account appearing on credit report was not a factual inaccuracy, but a legal dispute, and could not sustain cause of action under FCRA – Erenthal v. Experian Info. Sols., Inc.,...more
Real Property Update -
Foreclosure: Mortgagee failed to offer competent, substantial evidence to prove that it had complied with all of the conditions of the mortgage contract that were prerequisites to allowing it to...more
Real Property Update -
Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more
Real Property Update -
HELOC / Authentication: A home equity line of credit is not a negotiable instrument, is not self-authenticating, and must be proven in support of summary judgment – Demakis v. Suntrust Bank, No....more
3/10/2021
/ Arbitration ,
Breach of Contract ,
Class Certification ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Regulation Z ,
TCPA ,
Text Messages ,
Title Insurance ,
Unsolicited Faxes
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 -
Breach of Contract & Pre-Suit Notice: Consumer's failure to abide by a mortgage's notice and cure provision barred his breach of contract claim - Cooper v. PennyMac Loan Servs., LLC, No....more
Financial Services Update -
FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more
Real Property Update -
Foreclosure / Verification: Rule 1.115(e) of the Florida Rules of Civil Procedure cannot constrain or prohibit a plaintiff from delegating to its servicer-agent the authority to verify its...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 -
Foreclosure / Subrogation: Trial court erred in entering final judgment of foreclosure in favor of subsequent mortgagee where subsequent mortgagee attempted to preserve and assign an otherwise...more
Real Property Update -
Foreclosure / Pleading Fraud Defense: Trial court erred in providing relief of fraud as defense to foreclosure where fraud was never pleaded; even if fraud had been pleaded, party failed to prove...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
Real Property Update -
Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...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