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 -
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
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 -
Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more
9/24/2019
/ Ad Valorem Tax ,
Article III ,
Bank of New York (BNY) Mellon ,
Credit Reports ,
Duty to Defend ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDUTPA ,
Financial Services Industry ,
Florida ,
Gross Negligence ,
Homesteads ,
Motion to Dismiss ,
Portability ,
Promissory Notes ,
Property Tax ,
Reformation ,
Standing ,
Summary Judgment ,
Tax Benefits ,
Title Insurance
Financial Services Update -
TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more
9/17/2019
/ Article III ,
ATDS ,
Capital One ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Harassment ,
Lenders ,
Ocwen ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA
Real Property Update -
Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more
8/27/2019
/ ATDS ,
Class Action ,
Construction Industry ,
Construction Project ,
Consumer Financial Products ,
Consumer Privacy Rights ,
FDUTPA ,
Financial Services Industry ,
Land Use Restrictions ,
Navient ,
Prior Express Consent ,
Real Estate Market ,
Revocation ,
Standing ,
Statute of Repose ,
TCPA ,
Unfair or Deceptive Trade Practices
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 -
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 -
• 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 -
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
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
Financial Services Update -
FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more
3/20/2019
/ Article III ,
ATDS ,
Commercial Insurance Policies ,
Covenant of Good Faith and Fair Dealing ,
Debt Collection ,
Department of Financial Services ,
Duty to Defend ,
Duty to Indemnify ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Insurance Regulations ,
Invasion of Privacy ,
Mortgages ,
Policy Exclusions ,
Standing ,
TCPA ,
Telemarketing ,
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
Financial Services Update -
FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more
2/19/2019
/ Article III ,
Consumer Reports ,
Credit Reporting Agencies ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Fannie Mae ,
Financial Services Industry ,
Hiring & Firing ,
Mortgage Lenders ,
Putative Class Actions ,
Standing
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/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
6/6/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HELOC ,
JPMorgan Chase ,
Mortgages ,
Policy Exclusions ,
RICO ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more
5/16/2018
/ Ally Financial Inc ,
American Express ,
Article III ,
Bank of America ,
BAPCPA ,
Chapter 7 ,
Condominiums ,
Consumer Bankruptcy ,
Debt Collectors ,
Deutsche Bank ,
Equifax ,
Exculpatory Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HOA Dues ,
Leases ,
Mortgages ,
Negligence ,
Repossess ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
Foreclosure / Amendments to Conform to Evidence: trial court erred in allowing Wells Fargo to amend its complaint during trial to conform to evidence presented of two unpled modification agreements – Tracey v. Wells Fargo...more
4/2/2018
/ Amended Complaints ,
Article III ,
Class Action ,
Class Certification ,
Condominiums ,
Declaration of Condominium ,
FCCPA ,
FDCPA ,
FDUTPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Inequitable Conduct ,
Insurance Industry ,
Loan Modifications ,
Mortgages ,
Regulatory Violations ,
Standing ,
Tax Appeals ,
Time-Barred Claims ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more
3/5/2018
/ Article III ,
ATDS ,
Banking Sector ,
Damages ,
Debt Collection ,
Deutsche Bank ,
FDCPA ,
Fidelity National Title Insurance Company ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Mechanics Lien ,
Mortgages ,
Policy Exclusions ,
Rite Aid ,
Standing ,
Statute of Limitations ,
Sufficient Nexus ,
TCPA ,
Title Insurance ,
Tortious Interference ,
US Bank National Association ,
Wells Fargo