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
2/19/2019
/ Article III ,
Beneficiaries ,
Breach of Contract ,
Estoppel ,
Financial Services Industry ,
Foreclosure ,
Insurance Claims ,
Mortgages ,
Nationstar ,
Policy Terms ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance ,
US Bank National Association
Financial Services Update -
FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more
2/19/2019
/ Article III ,
Consumer Reports ,
Credit Reporting Agencies ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Fannie Mae ,
Financial Services Industry ,
Hiring & Firing ,
Mortgage Lenders ,
Putative Class Actions ,
Standing
Real Property Update -
Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more
2/19/2019
/ Article III ,
ATDS ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Notices ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Injunctions ,
Insurance Litigation ,
Lyft ,
Mortgages ,
Negligent Misrepresentation ,
Standing ,
TCPA ,
Title Insurance ,
Trespass ,
Unsolicited Faxes ,
Vicarious Liability
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
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 -
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 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 -
- 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 -
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-
Takings/Declaratory Relief: plaintiff’s request for a declaration that its further pursuit of a zoning application was futile was not a proper claim for declaratory relief – GolfRock, LLC v. Lee...more
7/14/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
US Supreme Court -
Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more
6/27/2017
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Common Ownership ,
Fifth Amendment ,
Foreclosure ,
Garnishment ,
Just Compensation ,
Land Parcels ,
Mortgages ,
Murr v Wisconsin ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
Right of Access ,
SCOTUS ,
Standing ,
Takings Clause ,
Title Insurance ,
Wells Fargo ,
Zoning Laws
Real Property Update -
Foreclosure/Standing/Lost Note: if plaintiff did not have right to enforce note when lost, plaintiff should present evidence of assignment from payee to plaintiff or affidavit of ownership - ...more
6/2/2017
/ Adverse Possession ,
Article III ,
Banking Sector ,
Breach of Contract ,
Breach of Warranty ,
Condition Precedent ,
Consumer Financial Products ,
Due Process ,
Financial Institutions ,
Foreclosure ,
Fraudulent Transfers ,
Homeowners Association (HOA) ,
Homestead Exemption ,
Indemnification ,
Insurance Industry ,
Lis Pendens ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Nationstar ,
Standing ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Condition Precedent: servicer did not meet its burden of proving it satisfied condition precedent of giving notice of acceleration by failing to provide evidence that notice letter had...more
3/29/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Condition Precedent ,
Constructive Trusts ,
Deutsche Bank ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
Tax Liens ,
Title Insurance
REAL PROPERTY UPDATE -
Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more
3/21/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Duty to Defend ,
Ejectment ,
First American Title Insurance Co. ,
Foreclosure ,
Homestead Exemption ,
Insurance Industry ,
Liens ,
Lis Pendens ,
Mortgages ,
Real Estate Market ,
Res Judicata ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE -
Foreclosure: where foreclosing bank, who purchased debt from original mortgagee, failed to establish standing to enforce lost note “through evidence of a valid assignment, proof of purchase of the...more
2/15/2017
/ Appeals ,
Article III ,
Banking Sector ,
Consumer Lenders ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Full Credit Bid ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Removal ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE:
Foreclosure/Sufficiency of Notice: although lender’s notice of default did not expressly state that property could be sold in foreclosure, it substantially complied with notice provision (paragraph...more
2/10/2017
/ Article III ,
Banking Sector ,
Consumer Lenders ,
Damages ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Promissory Notes ,
Real Estate Market ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure – Involuntary Dismissal: although lender’s witnesses failed to explain lender’s loan payment history statement, the statement reflected the principal amount due and had been admitted...more
1/11/2017
/ Article III ,
Banking Sector ,
Closing Protection Letters ,
FDIC ,
Fidelity National Title Insurance Company ,
Florida ,
Foreclosure ,
Insurance Industry ,
Lis Pendens ,
Mortgages ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more
12/15/2016
/ Article III ,
Attorney's Fees ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Condition Precedent ,
Eviction ,
Expert Testimony ,
Foreclosure ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Land Use Restrictions ,
Landlords ,
Mortgages ,
Real Estate Market ,
Residential Leases ,
Standing ,
Subject Matter Jurisdiction ,
Tenants ,
Title Insurance ,
US Bank National Association ,
Wells Fargo