Real Property Update -
Foreclosure / Standing: assignee of note was entitled to foreclosure for being in possession of original note indorse in blank, consistent with the copy attached to the complaint - Deutsche Bank...more
Real Property Update -
Due Process / Notice: due process rights violated in case involving claims for breach of contract for sale of property; party received insufficient notice of motion to amend complaint to add punitive...more
Financial Services Update -
FDCPA / Definition of "Debt": a convenience fee is a separate charge for acceptance of payment that is not part of the underlying debt - Garbutt v. Ocwen Loan Servicing, LLC., No....more
Real Property Update -
Foreclosure / Jurisdiction: section 720.04's exception to the local action rule is applicable where the cross-collateralized mortgages are construed as one instrument and the court has subject...more
9/18/2020
/ Banking Sector ,
Breach of Duty ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Insurance Industry ,
Real Estate Market ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
Financial Services Update-
TCPA / Standing / Text Messages: Plaintiff failed to establish standing to bring TCPA claim because plaintiff had not shown he suffered an injury in fact where he received two text messages,...more
Real Property Update -
Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more
7/28/2020
/ Article III ,
Barr v American Association of Political Consultants Inc ,
Debt Collection ,
Easements ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Government Debt-Exception ,
Standing ,
TCPA ,
Title Insurance
Real Property Update -
Premises Liability / Summary Judgment: Trial court erred by granting summary judgment in favor of developer where there was a disputed issue of material fact regarding whether an uncommon design or...more
7/28/2020
/ Business Records Exception ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Equitable Relief ,
Extraterritoriality Rules ,
FDCPA ,
Hearsay ,
Hearsay Exceptions ,
Premises Liability ,
Property Owners ,
TCPA ,
Telemarketing ,
Unfair or Deceptive Trade Practices
Real Property Update -
Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more
7/14/2020
/ Attorney's Fees ,
Breach of Contract ,
Class Action ,
Condition Precedent ,
Condominiums ,
Debt ,
FCCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Mortgages ,
TCPA ,
Title Insurance ,
Tort ,
Wells Fargo
Real Property Update -
Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more
5/26/2020
/ Attorney's Fees ,
Construction Contracts ,
Construction Liens ,
Construction Project ,
Debt Collection ,
E-Commerce ,
FDCPA ,
Financial Services Industry ,
Real Estate Development ,
Statutory Violations ,
TCPA ,
Text Messages
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: 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 -
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 -
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 -
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 -
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 -
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 -
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