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 / Dismissal: Involuntary dismissal of foreclosure action for alleging default on same date alleged in a prior dismissed foreclosure action was improper where allegation included reference...more
Real Property Update -
Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more
4/15/2020
/ Class Action ,
Deutsche Bank ,
Duty to Defend ,
FDCPA ,
FDUTPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Mortgages ,
Right of First Refusal ,
Standing ,
TCPA ,
Title Insurance ,
US Bank National Association
Real Property Update -
Foreclosure / Surplus: Purchaser of real property per an agreement for deed was not the record owner and could not claim foreclosure sale surplus – Corey v. Neuffer, No. 2D19-1083 (Fla. 2d DCA Mar....more
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 -
Foreclosure / Law of the Case: Motion to vacate that attempted to re-litigate issues on standing that had been rejected on direct appeal was precluded by the law of the case doctrine – Schwartz v....more
3/25/2020
/ Bank of America ,
Easements ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Law of the Case Doctrine ,
RESPA ,
TCPA ,
Title Insurance ,
Vicarious Liability ,
Wells Fargo
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 -
Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
2/19/2020
/ ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Borrowers ,
Chapter 13 ,
Class Action ,
Class Certification ,
Condominiums ,
Consumer Financial Products ,
Consumer Loan Companies ,
Damages ,
Debt ,
Debt Collection ,
E&O Insurance ,
FCCPA ,
FDCPA ,
Federal Student Loans ,
Fiduciary Duty ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraudulent Transfers ,
Jurisdiction ,
Jury Trial ,
Lenders ,
Loans ,
Mortgages ,
Real Estate Market ,
Real Estate Transactions ,
Statute of Limitations ,
Stays ,
SunTrust ,
TCPA ,
Text Messages ,
Third-Party ,
Title Insurance ,
Unjust Enrichment ,
US Bank National Association ,
Venue ,
Waivers
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
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
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 -
Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more
12/13/2019
/ Acceleration ,
Actual Damages ,
Affidavits ,
Article III ,
Breach of Duty ,
Consumer Financial Products ,
Consumer Lenders ,
Deutsche Bank ,
Due Process ,
Fiduciary Duty ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Homestead Exemption ,
Homesteads ,
Mortgages ,
Motions to Quash ,
Nationstar ,
Private Right of Action ,
Real Estate Market ,
RESPA ,
Standing ,
Statute of Limitations ,
Time-Barred Claims ,
Title Insurance ,
Truth in Lending Act (TILA) ,
US Bank National Association
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 / 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
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