Real Property Update -
Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more
5/20/2020
/ ATDS ,
Bank of New York (BNY) Mellon ,
Chase Bank ,
Condition Precedent ,
Condominiums ,
Damages ,
Discovery ,
Dish Network ,
Fair Credit Reporting Act (FCRA) ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Mandatory Arbitration ,
Mortgages ,
Ocwen ,
Pleading Standards ,
RESPA ,
Revocation ,
Standing ,
TCPA ,
Title Insurance ,
Wells Fargo
Real Property Update -
Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more
2/4/2020
/ Action to Quiet Title ,
Appraisal ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
ECOA ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lis Pendens ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Pleading Standards ,
Real Estate Market ,
Settlement Agreements ,
Sua Sponte ,
Wells Fargo
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
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 -
Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more
5/22/2019
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Damages ,
ECOA ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
RESPA ,
Sanctions ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
Real Property Update -
Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more
4/24/2019
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Closing Agents ,
Consumer Financial Products ,
Contributory Negligence ,
Damages ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Foreclosure Sales ,
Fraud ,
Marriott ,
Mortgages ,
Self-Authentication ,
Standing ,
Timeshare ,
Title Insurance ,
Title Search ,
Wells Fargo
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 -
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
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
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 -
- 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 -
- 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
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: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more
5/9/2017
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Deficiency Judgments ,
Due Process ,
Duty to Defend ,
Estoppel ,
First American Title Insurance Co. ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Insurance Litigation ,
Mortgages ,
Property Tax ,
Protective Orders ,
Restrictive Covenants ,
Standing ,
Title Insurance ,
US Bank National Association ,
Vacation Rentals
REAL PROPERTY UPDATE -
Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that...more
4/25/2017
/ Attorney's Fees ,
Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Covenant of Good Faith and Fair Dealing ,
Deutsche Bank ,
Estoppel ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reverse Mortgages ,
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
Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more
3/7/2017
/ Appeals ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Damages ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Motion to Vacate ,
Real Estate Market ,
Statute of Limitations ,
Summary Judgment ,
SunTrust ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Vacating Judgment: estate failed to either allege or prove any basis under Rule 1.540 to vacate final judgment of foreclosure to which it had consented – The Bank of N.Y. Mellon v....more
1/26/2017
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Document Preservation Notices ,
Financial Institutions ,
Foreclosure ,
Fraud ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
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
REAL PROPERTY UPDATE -
Settlement/Waiver: borrowers permitted to raise affirmative defenses and counterclaims against lender where subject Loan Modification Agreement failed to include waiver of claims, affirmative...more
12/2/2016
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Breach of Contract ,
Consumer Financial Products ,
Financial Institutions ,
Foreclosure ,
Homeowners Association (HOA) ,
Injunctions ,
Insurance Industry ,
Loan Modifications ,
Mortgages ,
Real Estate Market ,
Settlement ,
Title Insurance