REAL PROPERTY UPDATE -
Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more
9/25/2015
/ Bank of New York (BNY) Mellon ,
Condominiums ,
Credit Bids ,
Default Judgment ,
FDIC ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Lenders ,
Residential Real Estate Market ,
Summary Judgment ,
Title Insurance
REAL PROPERTY UPDATE -
Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more
9/16/2015
/ Adverse Possession ,
Banking Sector ,
Banks ,
Citibank ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Land Titles ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Real Estate Market ,
Restrictive Covenants ,
Standing ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more
9/9/2015
/ Banking Sector ,
Banks ,
Construction Industry ,
Consumer Lenders ,
Deficiency Judgments ,
Dismissal With Prejudice ,
Duty of Care ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Final Judgment ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
GMAC ,
Insurance Industry ,
Mechanics Lien ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Ratification ,
Real Estate Market ,
Recusal ,
Standing ,
Title Insurance ,
Wells Fargo
Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more
9/3/2015
/ Bank of America ,
Captive Insurance Company ,
Class Action ,
Delinquent Borrowers ,
Deutsche Bank ,
Fair Market Value ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Loan Modifications ,
Mortgage Escrow Account ,
Mortgage Lenders ,
Mortgages ,
Prejudice ,
Property Owners ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Washington Mutual
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS -
Title Insurance Task Force Conference Call: In advance of the upcoming Summer National Meeting in Chicago, the Title Insurance Task Force (“Task Force”) held a conference...more
8/14/2015
/ Affiliated-Business Arrangements ,
Closing Documents ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Escrow Holders ,
Financial Institutions ,
Insurance Industry ,
Mortgage Servicers ,
NAIC ,
Proposed Regulation ,
Residential Real Estate Market ,
Title Insurance
Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more
8/11/2015
/ Banking Sector ,
Banks ,
Borrowers ,
Breach of Duty ,
Compliance ,
Consumer Lenders ,
Easements ,
Escrow Accounts ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
HOEPA ,
HUD ,
Insurance Industry ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Real Estate Market ,
Standing ,
Third-Party Beneficiaries ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more
7/28/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Condominiums ,
Deeds ,
Eviction ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Inequitable Conduct ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Petition for Partition ,
Promissory Notes ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank
REAL PROPERTY UPDATE -
Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more
7/7/2015
/ Attorney-Client Privilege ,
Bank of America ,
Condominium Associations ,
Deutsche Bank ,
Diminution in Value ,
First American Title Insurance Co. ,
Foreclosure ,
JPMorgan Chase ,
Landlords ,
Mortgages ,
Real Estate Market ,
Rent ,
Standing ,
Tenants ,
Title Insurance
REAL PROPERTY UPDATE:
Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more
6/24/2015
/ Breach of Duty ,
Deutsche Bank ,
Escrow Accounts ,
FDIC ,
Fidelity National Title Insurance Company ,
Fiduciary Duty ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Good Faith ,
Insurance Industry ,
Land Titles ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reinsurance ,
Short Sales ,
Standing ,
Title Insurance ,
Wachovia
REAL PROPERTY UPDATE -
Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more
6/16/2015
/ Attorney's Fees ,
Contractors ,
Eminent Domain ,
Equitable Easements ,
Equitable Lien ,
First American Title Insurance Co. ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
Liens ,
Loan Servicer ,
Real Estate Market ,
Statute of Limitations ,
Title Insurance ,
Trespass
REAL PROPERTY UPDATE -
Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more
6/3/2015
/ Affirmative Defenses ,
Breach of Contract ,
Commercial Leases ,
Duty to Defend ,
Duty to Disclose ,
Foreclosure ,
Genuine Issue of Material Fact ,
Negligence ,
Notice Requirements ,
Property Valuation ,
Restrictive Covenants ,
Title Insurance ,
Underwriting
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS -
Title Insurance Task Force To Survey Affiliated Business Arrangements: The Title Insurance Task Force (“Task Force”) recently conducted a conference call and among the...more
Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more
4/29/2015
/ Attorney's Fees ,
Class Action ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Discovery ,
Equitable Lien ,
FCCPA ,
Foreclosure ,
Liens ,
Statute of Limitations ,
Title Insurance
REAL PROPERTY UPDATE -
Judgment: amount awarded in judgment of foreclosure must be supported by competent evidence and lender not entitled to award of interest or fees when only statement in evidence reflected...more
REAL PROPERTY UPDATE -
Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more
Foreclosure/Statute of Limitations: filing date of amended complaint for purposes of statute of limitations relates back to filing date of original complaint – HSBC Bank USA, National Association as Trustee for Nomura Asset...more
REAL PROPERTY UPDATE -
Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more
Foreclosure: trial court violated purchaser’s procedural due process rights in setting aside judicial sale of property without giving notice to purchaser. Further, trial court abused its discretion in setting aside judicial...more
REAL PROPERTY UPDATE -
Service of Process: return of service is not required to expressly list the factors defining the “manner of service” contained in Section 48.031(1)(a), Florida Statutes, not included in the...more
REAL PROPERTY UPDATE -
Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more
REAL PROPERTY UPDATE -
Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more
1/28/2015
/ Commercial Leases ,
Commercial Property Owners ,
Cotenancy Provisions ,
Due Process ,
Escrow Accounts ,
Foreclosure ,
Insurance Litigation ,
Loss of Use ,
Motion to Vacate ,
Property Insurance ,
Retail Market ,
Retailers ,
Standing ,
Statute of Limitations ,
Subrogation ,
Tenants ,
Title Insurance
REAL PROPERTY UPDATE -
- Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more
1/6/2015
/ Action to Quiet Title ,
Appraisal ,
Bad Faith ,
Banks ,
Deeds ,
Disclosure Requirements ,
Duty to Defend ,
Foreclosure ,
Negligence ,
Prejudgment Interest ,
Property Insurance ,
Real Estate Investments ,
Real Estate Market ,
Recording Requirements ,
Right of Access ,
Standing ,
Title Insurance
REAL PROPERTY UPDATE -
Contract Interpretation: trial court erred by interpreting declaration in way that rendered provisions meaningless – Bethany Trace Owners’ Association, Inc. v Whispering Lakes I, LLC, et al., No....more
REAL PROPERTY UPDATE -
- Harris Act/Inverse Condemnation: dismissal was (1) improper as to landowners’ Harris Act claim because amendments to County’s land use plan were applied specifically to landowners’ property by...more
11/25/2014
/ Duty to Defend ,
Foreclosure ,
Homestead Exemption ,
Inverse Condemnation ,
IRS ,
Liens ,
Petition for Partition ,
Priority Debt ,
Property Owners ,
Real Estate Transfers ,
Spoliation ,
Title Insurance
REAL PROPERTY UPDATE -
- Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more
11/14/2014
/ Accelerated Payments ,
Attorney's Fees ,
Business Records ,
Commercial Property Owners ,
Foreclosure ,
HOEPA ,
Medical Devices ,
Retailers ,
Right To Cure ,
Specific Performance ,
Standing ,
Target ,
Title Insurance