News & Analysis as of August 16, 2025

Estoppel

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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 +

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on 5/27/2025

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Equitable Defense Proves Valuable in FCRA Suit

Womble Bond Dickinson on 10/25/2021

The U.S. District Court for the Western District of North Carolina found that the plaintiff was equitably estopped from pursuing a FCRA claim in light of her behavior related to the manner in which she chose to make her...more

Real Property & Financial Services Update: Week Ending March 15, 2019

Carlton Fields on 4/24/2019

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

Real Property & Title Insurance Update: Week Ending February 1, 2019

Carlton Fields on 2/19/2019

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

Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

Carlton Fields on 5/9/2017

REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more

Real Property & Title Insurance Update: Week Ending April 14 & 21, 2017

Carlton Fields on 4/25/2017

REAL PROPERTY UPDATE - Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that...more

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