Real Property Update -
Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more
Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more
Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more
Real Property Update -
Lease / Claim of Lien: Trial court erred in its interpretation of section 713.10, Florida Statutes (2013), by granting summary judgment in favor of the lessor/owner, where the exception to lien...more
Real Property Update -
Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more
12/7/2021
/ Article III ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Reverse Mortgages ,
Standing ,
TCPA ,
Title Insurance
Real Property Update -
Foreclosure / Default: Trial court did not abuse discretion in determining that plaintiff’s counsel was not aware of the defaulting party’s intention to defend against foreclosure lawsuit – College...more
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
6/18/2021
/ Article III ,
ATDS ,
Attorney's Fees ,
Condominiums ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Injury-in-Fact ,
Mortgages ,
Popular ,
Standing ,
TCPA
Financial Services Update -
TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more
Real Property Update -
Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more
7/28/2020
/ Article III ,
Barr v American Association of Political Consultants Inc ,
Debt Collection ,
Easements ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Government Debt-Exception ,
Standing ,
TCPA ,
Title Insurance
Real Property Update -
Wrongful Foreclosure: Borrower could not sustain wrongful foreclosure claim against lender where certificate of sale had been vacated and certificate of title was never issued – Jallali v. Christiana...more
Real Property Update -
Foreclosure / Standing: Where plaintiff was substituted in as a party plaintiff after original note was filed with the court, introduction of original note bearing blank indorsement into evidence at...more
2/20/2020
/ Action to Quiet Title ,
Article III ,
Consumer Lenders ,
Debt Collection ,
Documentary Stamp Tax ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FDUTPA ,
Fifth Third Mortgage Company ,
Foreclosure ,
JPMorgan Chase ,
Lis Pendens ,
Markups ,
Mortgage Lenders ,
Mortgages ,
Motor Vehicles ,
Nationstar ,
Noteholders ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Wells Fargo
Real Property Update -
HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
2/14/2020
/ Arbitration ,
Arbitration Agreements ,
Article III ,
ATDS ,
Chase Bank ,
Consumer Privacy Rights ,
Contract Terms ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Hilton ,
Homeowners Association (HOA) ,
Indemnification ,
Injury-in-Fact ,
Post-Judgment Enforcement Actions ,
Preemption ,
Prior Express Consent ,
Private Right of Action ,
Real Estate Market ,
Riparian Rights ,
Settlement Agreements ,
Settlement Negotiations ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Willful Violations
Real Property Update -
Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more
2/3/2020
/ Article III ,
AT&T ,
Cause of Action Accrual ,
Condition Precedent ,
Condominiums ,
Consumer Financial Products ,
Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
Deutsche Bank ,
Discovery ,
Document Productions ,
FDCPA ,
Financial Services Industry ,
Mortgages ,
No Prejudice Rule ,
Standing ,
Statutory Interpretation ,
Summary Judgment ,
TCPA
Real Property Update -
Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more
1/23/2020
/ Action to Quiet Title ,
Article III ,
Bank of America ,
Equifax ,
Exhaustion Doctrine ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
FIRREA ,
Foreclosure ,
Housing Market ,
HSBC ,
Leave to Amend ,
Mortgages ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Truth in Lending Act (TILA)
Real Property Update -
Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more
12/13/2019
/ Acceleration ,
Actual Damages ,
Affidavits ,
Article III ,
Breach of Duty ,
Consumer Financial Products ,
Consumer Lenders ,
Deutsche Bank ,
Due Process ,
Fiduciary Duty ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Homestead Exemption ,
Homesteads ,
Mortgages ,
Motions to Quash ,
Nationstar ,
Private Right of Action ,
Real Estate Market ,
RESPA ,
Standing ,
Statute of Limitations ,
Time-Barred Claims ,
Title Insurance ,
Truth in Lending Act (TILA) ,
US Bank National Association
Real Property Update -
Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more
12/4/2019
/ Article III ,
Boxing ,
Cable Television Providers ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Financial Products ,
Consumer Protection Laws ,
DirecTV ,
Do Not Call List ,
Event Tickets ,
Fair Credit Reporting Act (FCRA) ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Franchises ,
Job Applicants ,
Mortgage Lenders ,
Mortgages ,
Predominance Requirement ,
Real Estate Market ,
Salvation Army ,
Standing ,
Subway ,
TCPA ,
Title Insurance ,
Vicarious Liability
Financial Services Update -
FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more
11/8/2019
/ Article III ,
ATDS ,
Bankruptcy Code ,
Class Action ,
Consumer Financial Products ,
Credit Reports ,
Failure To State A Claim ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Mortgages ,
Prior Express Consent ,
Settlement ,
Standing ,
TCPA ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Wachovia
Real Property Update -
Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more
10/31/2019
/ Article III ,
Class Action ,
Consumer Financial Products ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Old Republic Title ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Title Reports ,
US Bank National Association
Real Property Update -
Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more
9/24/2019
/ Ad Valorem Tax ,
Article III ,
Bank of New York (BNY) Mellon ,
Credit Reports ,
Duty to Defend ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDUTPA ,
Financial Services Industry ,
Florida ,
Gross Negligence ,
Homesteads ,
Motion to Dismiss ,
Portability ,
Promissory Notes ,
Property Tax ,
Reformation ,
Standing ,
Summary Judgment ,
Tax Benefits ,
Title Insurance
Financial Services Update -
TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more
9/17/2019
/ Article III ,
ATDS ,
Capital One ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Harassment ,
Lenders ,
Ocwen ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA
Real Property Update -
Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more
8/12/2019
/ Article III ,
Condominium Associations ,
Condominiums ,
Constructive Possession ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
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
6/11/2019
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Harassment ,
Jury Trial ,
Mortgages ,
Nationstar ,
Old Republic Title ,
Refinancing ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
Real Property Update -
Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more
6/7/2019
/ Ad Valorem Tax ,
Advertising ,
Article III ,
Class Certification ,
Consequential Damages ,
Consumer Reporting Agencies ,
Consumer Reports ,
Deficiency Judgments ,
Dish Network ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Contracts ,
Misrepresentation ,
Public Officials ,
Standing ,
Tax Exemptions ,
TCPA ,
Unsolicited Faxes
Financial Services Update -
FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more
3/20/2019
/ Article III ,
ATDS ,
Commercial Insurance Policies ,
Covenant of Good Faith and Fair Dealing ,
Debt Collection ,
Department of Financial Services ,
Duty to Defend ,
Duty to Indemnify ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Insurance Regulations ,
Invasion of Privacy ,
Mortgages ,
Policy Exclusions ,
Standing ,
TCPA ,
Telemarketing ,
Title Insurance
Real Property Update -
Substantive Due Process: land use restriction was executive (not legislative) action, and could not give rise to substantive due process claim since property rights are not a "fundamental right" under...more