News & Analysis as of

Mortgages Attorney's Fees

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 +
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 uses that property as collateral for the loan. less -
Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

Troutman Pepper on

A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

McGlinchey Stafford on

Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Orrick, Herrington & Sutcliffe LLP

8th Circuit affirms almost $20 million in damages and attorney’s fees in RMBS action

On February 2, the U.S. Court of Appeals for the Eighth Circuit affirmed a district court order requiring a mortgage lender to pay $5.4 million in damages and $14 million in attorney’s fees for selling mortgages that did not...more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

McGlinchey Stafford on

Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Carlton Fields

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

Carlton Fields on

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

Faegre Drinker Biddle & Reath LLP

Certificateholders in Article 77 Proceedings May Recover Attorney’s Fees in ‘Unique’ Cases

A New York court has determined that certificateholders in Article 77 proceedings may recover their attorney’s fees in “unique” cases where their efforts increase overall recoveries to the trust....more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 13, Issue 51

McGlinchey Stafford on

Digiport, Inc. v. Foram Development BFC, LLC, Case No. 3D18-1651 (Fla. 3d DCA 2020). The question of whether an idea constitutes a “trade secret” under the Florida Uniform Trade Secrets Act is typically a fact issue, and...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

Rosenberg Martin Greenberg LLP

Pennsylvania Supreme Court Clarifies Applicability of Act 6 To Residential Mortgage Foreclosures (Sort Of)

When the loan documents provide for confession of judgment and the collateral encumbered by the mortgage securing the loan is commercial real property, the foreclosure process in Pennsylvania is straightforward.  The lender...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 26, 2020

Carlton Fields on

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

Hinshaw & Culbertson LLP

Consumer Law Hinsights – February 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

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

Carlton Fields on

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

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

Carlton Fields on

Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

Carlton Fields on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

Carlton Fields on

Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending March 29, 2019

Carlton Fields on

Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Burr & Forman

Florida Supreme Court Withdraws Prior Opinion Limiting "No Standing No Fees" Issue

Burr & Forman on

On April 18, 2019, the Florida Supreme Court issued a surprise ruling withdrawing its January 4, 2019 opinion in Nationstar Mortgage LLC v. Glass. ...more

Burr & Forman

Florida Supreme Court Reverses Fourth DCA on No Standing No Fees

Burr & Forman on

The Florida Supreme Court released an opinion in Glass v. Nationstar, SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to attorney’s fee...more

Patton Sullivan Brodehl LLP

Not All Deed of Trust Attorney Fee Clauses are Created Equal

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018

Carlton Fields on

Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 19, 2018

Carlton Fields on

Real Property Update - - Chapter 720 / Prevailing Party Fees: developer that successfully defended against association’s lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys’ fees...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending May 18 & 25, 2018

Carlton Fields on

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

Carlton Fields

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

Carlton Fields on

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

62 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide