Real Property Update -
Foreclosure / Standing: assignee of note was entitled to foreclosure for being in possession of original note indorse in blank, consistent with the copy attached to the complaint - Deutsche Bank...more
Real Property Update -
Due Process / Notice: due process rights violated in case involving claims for breach of contract for sale of property; party received insufficient notice of motion to amend complaint to add punitive...more
Financial Services Update -
FDCPA / Definition of "Debt": a convenience fee is a separate charge for acceptance of payment that is not part of the underlying debt - Garbutt v. Ocwen Loan Servicing, LLC., No....more
Real Property Update -
Foreclosure / Jurisdiction: section 720.04's exception to the local action rule is applicable where the cross-collateralized mortgages are construed as one instrument and the court has subject...more
9/18/2020
/ Banking Sector ,
Breach of Duty ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Insurance Industry ,
Real Estate Market ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
Real Property Update -
Affirmative Defense / Waiver: Homeowner unable to raise statute of limitations affirmative defense for the first time in motion for summary judgment – Deer Brooke S. Homeowners Ass’n of Polk Cty.,...more
8/20/2020
/ Affirmative Defenses ,
Counterclaims ,
Debt Collection ,
Debt Collectors ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Fraudulent Inducement ,
Loan Servicing ,
Statute of Limitations ,
Title Insurance ,
Usury
Real Property Update -
Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more
8/12/2020
/ Chapter 7 ,
Consumer Financial Products ,
Default Judgment ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lien Priority ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance
Financial Services Update-
TCPA / Standing / Text Messages: Plaintiff failed to establish standing to bring TCPA claim because plaintiff had not shown he suffered an injury in fact where he received two text messages,...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 -
Premises Liability / Summary Judgment: Trial court erred by granting summary judgment in favor of developer where there was a disputed issue of material fact regarding whether an uncommon design or...more
7/28/2020
/ Business Records Exception ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Equitable Relief ,
Extraterritoriality Rules ,
FDCPA ,
Hearsay ,
Hearsay Exceptions ,
Premises Liability ,
Property Owners ,
TCPA ,
Telemarketing ,
Unfair or Deceptive Trade Practices
Real Property Update -
Re-Foreclosure / Redemption: Trial court properly entered final judgment allowing re-foreclosure and allowing inferior lien holder right of redemption where inferior lien holder not named as party...more
6/26/2020
/ Class Action ,
Consumer Financial Products ,
Duty to Defend ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Motion for Summary Judgment ,
Policy Exclusions ,
RESPA ,
Title Insurance
Real Property Update -
Foreclosure / Rule 1.491: Recommendation of immediate default entered by general magistrate violated the notice requirements of Rule 1.500, and was objectionable, but borrower waived the right to...more
Real Property Update -
Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more
6/25/2020
/ Covenants that Run With the Land ,
Criminal Liability ,
Easements ,
Equitable Subrogation ,
Failure To State A Claim ,
FDCPA ,
Mortgages ,
Real Estate Development ,
Title Insurance ,
Trade Secrets ,
Unauthorized Practice of Law ,
US Bank National Association
Real Property Update -
Mortgage / Parcel Description: Because recorded mortgage sufficiently and unambiguously described subject property, purchasers had constructive notice that property was encumbered by the mortgage;...more
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 -
Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more
5/26/2020
/ Attorney's Fees ,
Construction Contracts ,
Construction Liens ,
Construction Project ,
Debt Collection ,
E-Commerce ,
FDCPA ,
Financial Services Industry ,
Real Estate Development ,
Statutory Violations ,
TCPA ,
Text Messages
Real Property Update -
Foreclosure / Redemption / Intervention: Claim for right of redemption procedurally barred once certificate of title issued; party failed to appeal earlier order denying right to intervene in...more
5/3/2020
/ Allegations ,
Consumer Protection Laws ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Redemption Agreement ,
RESPA ,
TCPA ,
Title Insurance ,
Tort ,
Truth in Lending Act (TILA) ,
US Bank National Association
Real Property Update -
Foreclosure / Dismissal: Involuntary dismissal of foreclosure action for alleging default on same date alleged in a prior dismissed foreclosure action was improper where allegation included reference...more
Real Property Update -
Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more
4/15/2020
/ Class Action ,
Deutsche Bank ,
Duty to Defend ,
FDCPA ,
FDUTPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Mortgages ,
Right of First Refusal ,
Standing ,
TCPA ,
Title Insurance ,
US Bank National Association
Real Property Update -
Foreclosure / Surplus: Purchaser of real property per an agreement for deed was not the record owner and could not claim foreclosure sale surplus – Corey v. Neuffer, No. 2D19-1083 (Fla. 2d DCA Mar....more
Real Property Update -
Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more
4/1/2020
/ Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Preemption ,
Public Trust Doctrine ,
Redemption Agreement ,
Riparian Rights ,
Standing ,
Stays ,
TCPA ,
Title Insurance
Real Property Update -
Foreclosure / Law of the Case: Motion to vacate that attempted to re-litigate issues on standing that had been rejected on direct appeal was precluded by the law of the case doctrine – Schwartz v....more
3/25/2020
/ Bank of America ,
Easements ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Law of the Case Doctrine ,
RESPA ,
TCPA ,
Title Insurance ,
Vicarious Liability ,
Wells Fargo
Real Property Update -
Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more
3/11/2020
/ Affidavits ,
Class Action ,
Contract Terms ,
Duty of Care ,
Duty to Warn ,
Equitable Tolling ,
Exclusions ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FDIC ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Forum Selection ,
Homeowners Association (HOA) ,
HSBC ,
Interest Accrual ,
Leases ,
Liens ,
Mechanics Lien ,
Negligence ,
Old Republic Title ,
Premises Liability ,
Real Estate Market ,
Summary Judgment ,
Title Insurance ,
TransUnion
Real Property Update -
HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more
3/11/2020
/ Ad Valorem Tax ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Department of Revenue ,
Evidentiary Hearings ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners Association (HOA) ,
Lis Pendens ,
Tax Relief ,
TCPA
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 -
Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
2/19/2020
/ ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Borrowers ,
Chapter 13 ,
Class Action ,
Class Certification ,
Condominiums ,
Consumer Financial Products ,
Consumer Loan Companies ,
Damages ,
Debt ,
Debt Collection ,
E&O Insurance ,
FCCPA ,
FDCPA ,
Federal Student Loans ,
Fiduciary Duty ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraudulent Transfers ,
Jurisdiction ,
Jury Trial ,
Lenders ,
Loans ,
Mortgages ,
Real Estate Market ,
Real Estate Transactions ,
Statute of Limitations ,
Stays ,
SunTrust ,
TCPA ,
Text Messages ,
Third-Party ,
Title Insurance ,
Unjust Enrichment ,
US Bank National Association ,
Venue ,
Waivers