On July 29, 2020, Florida Gov. Ron DeSantis signed Executive Order 20-180, extending residential mortgage foreclosure and eviction relief afforded by Executive Order 20-94 to September 1, 2020. The executive order...more
The spread of COVID-19 across the globe has created immediate and dynamic concerns for the financial sector, which are beginning to trigger financial repercussions unlike anything since the Great Recession began in 2007/2008....more
Following the real estate crash of 2008, many condominium developers nearing completion of their projects issued notices of completion only to find themselves facing lawsuits from their contract purchasers, who were looking...more
REAL PROPERTY UPDATE -
Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more
8/2/2018
/ Auto-Dialed Calls ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Material Misrepresentation ,
Mortgages ,
Nationstar ,
Res Judicata ,
RESPA ,
Right of Redemption ,
Statute of Limitations ,
TCPA ,
Time Warner Cable ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE -
- Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more
6/28/2018
/ Action to Quiet Title ,
Condition Precedent ,
Condominium Associations ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deutsche Bank ,
Equitable Lien ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Foreign Judgments ,
Fraudulent Transfers ,
Insurance Code ,
Midland Funding ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Personal Jurisdiction ,
Restrictive Covenants ,
Specific Jurisdiction ,
Supplemental Jurisdiction ,
TCPA ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
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
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
4/25/2018
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Condition Precedent ,
Debt Collection ,
Deutsche Bank ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Lis Pendens ,
Marketable Title ,
Mortgages ,
Pleadings ,
Regulatory Violations ,
RESPA ,
RICO ,
TCPA ,
Title Insurance ,
US Bank National Association
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 -
Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more
3/23/2018
/ Bank of New York (BNY) Mellon ,
Citigroup ,
Condition Precedent ,
Deutsche Bank ,
ECOA ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgages ,
Real Estate Market ,
RESPA ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Unclean Hands ,
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
REAL PROPERTY UPDATE -
Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more
3/2/2018
/ Appeals ,
Article III ,
Banking Sector ,
Breach of Contract ,
Deficiency Judgments ,
Dodd-Frank ,
FACTA ,
Failure To Preserve ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Hearsay ,
Mortgages ,
Notice of Default ,
Standing ,
Truth in Lending Act (TILA)
Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more
2/14/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Breach of Contract ,
Condition Precedent ,
D&O Insurance ,
Diminution in Value ,
Easements ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Fraudulent Concealment ,
Guaranty Claims ,
Hearsay ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Misrepresentation ,
Mortgages ,
Old Republic Title ,
PNC ,
Real Estate Market ,
Regulatory Violations ,
RESPA ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE -
Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more
1/25/2018
/ Article III ,
Banking Sector ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Fraud ,
Mortgages ,
Nationstar ,
Property Damage ,
RESPA ,
Sinkhole ,
Standing ,
State Farm ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more
12/19/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Comenity Bank ,
Covenant of Good Faith and Fair Dealing ,
Debt Collection ,
Deutsche Bank ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE -
Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more
12/1/2017
/ Bank of America ,
Banking Sector ,
Barton Doctrine ,
Debt Collection ,
ECOA ,
Equitable Subrogation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Motion to Dismiss ,
Negligent Misrepresentation ,
RESPA ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE -
Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more
11/15/2017
/ Agricultural Land ,
Article III ,
Banking Sector ,
Business Records ,
Certiorari ,
Condominiums ,
Deutsche Bank ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Hearsay ,
HOLA ,
Insurance Industry ,
Mortgages ,
Negligent Misrepresentation ,
Preemption ,
Real Estate Development ,
Real Estate Market ,
RESPA ,
Restrictive Covenants ,
Standing ,
State and Local Government ,
TCPA ,
Title Insurance ,
Wells Fargo ,
Zoning Laws
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE -
Foreclosure: witness may testify as to business records of another company so long as that witness can lay proper foundation of personal knowledge...more
10/30/2017
/ Banking Sector ,
Condominiums ,
Consumer Financial Products ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Misrepresentation ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Real Estate Market ,
Tax Liens ,
Title Insurance ,
Venue ,
Wells Fargo
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
10/18/2017
/ Action to Quiet Title ,
Ad Valorem Tax ,
Attorney's Fees ,
Banking Sector ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Judgments ,
Disclosure Requirements ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Res Judicata ,
Trespass ,
Truth in Lending Act (TILA) ,
Unlawful Detainer ,
Wells Fargo
REAL PROPERTY UPDATE -
- Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more
10/9/2017
/ Advertising ,
Article III ,
Auto-Dialed Calls ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Class Action ,
Class Certification ,
Constructive Notice ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
HUD ,
Insurance Industry ,
Late Notices ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Putative Class Actions ,
RESPA ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more
9/20/2017
/ Arbitration ,
Banking Sector ,
Class Action ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Professional Liability ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure / Statute of Limitations: trial court improperly found that, because payments due under a note and mortgage were accelerated in a prior 2009 action, the second action filed over five...more
9/6/2017
/ Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
First American Title Insurance Co. ,
Foreclosure ,
Indemnity ,
Insurance Industry ,
Lis Pendens ,
Mortgages ,
Sinkhole ,
Standing ,
Statute of Frauds ,
Statute of Limitations ,
Title Insurance ,
US Bank ,
Wells Fargo
Foreclosure: general reservation of jurisdiction in a foreclosure judgment is very limited, and certainly does not give trial court jurisdiction to eliminate a lien more than three years after Final Judgment of Foreclosure...more
9/1/2017
/ Article III ,
Bank of America ,
Banking Sector ,
Collateral Estoppel ,
Debt Collection ,
Economic Loss Doctrine ,
FCCPA ,
Financial Services Industry ,
Foreclosure ,
Fraud ,
Indemnification ,
Insurance Industry ,
JPMorgan Chase ,
Mortgages ,
Nationstar ,
Res Judicata ,
RESPA ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Short Sale/Statute of Limitations: Florida Statute section 95.11(5)(h)’s one year statute of limitations period does not apply to bar Bank’s cause of action for deficiency judgment arising...more
8/17/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Class Action ,
Consent ,
Foreclosure ,
Fraud ,
Insurance Industry ,
Mortgages ,
Nationstar ,
Short Sales ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Tortious Interference
REAL PROPERTY UPDATE -
Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more
8/8/2017
/ Banking Sector ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Nationstar ,
Policy Terms ,
TCPA ,
Title Insurance ,
Title Search ,
Truth in Lending Act (TILA) ,
Unsolicited Faxes