News & Analysis as of August 16, 2025

Attorney's Fees

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Lien on Me – How an Attorney Can Help Secure Your Debt

Stotler Hayes Group, LLC on 3/14/2025

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

Sixth Circuit Affirms Dismissal of FDCPA Claims for Lack of Standing, But for Lack of a Causal Connection

Troutman Pepper Locke on 2/17/2025

In a recent decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of federal claims brought by a mortgagee against Trinity Financial Services, LLC (Trinity) under the Fair Debt Collection Practices...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

Carlton Fields on 6/18/2021

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

Florida Real Property And Business Litigation Report, Volume 13, Issue 49

McGlinchey Stafford on 12/9/2020

Lucoff v. Navient Solutions, LLC, Case No. 19-13482 (11th Cir. 2020). A person who consents online to be contacted regarding past due debts (even though he earlier advised the company he did not wish to be contacted) has, as...more

Consumer Law Hinsights – February 2020

Hinshaw & Culbertson LLP on 2/27/2020

Seventh and Eleventh Circuits Scale Back Scope of TCPA in Narrow Reading of ATDS - The Seventh and Eleventh Circuits provided grammar lessons and eliminated the least incorrect options to evaluate what constitutes an...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on 2/19/2020

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

Real Property & Financial Services Update: Week Ending June 14, 2019

Carlton Fields on 7/8/2019

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

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

Carlton Fields on 4/25/2018

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

Carlton Fields on 10/18/2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

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