Real Property Update -
Foreclosure / Dismissal: Trial court erred in relying on judicially noticed records from a prior foreclosure action in dismissing foreclosure complaint – Bayview Loan Servicing, LLC v. Brown, No....more
Real Property Update -
Foreclosure / Modification Agreement: Lender was entitled to judgment of foreclosure upon proving borrower made three payments before breaching the loan modification agreement – Carus v. VRMTG Asset...more
Real Property Update -
Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more
10/8/2021
/ Class Action ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deeds ,
FDCPA ,
Financial Services Industry ,
Fraudulent Wire Transfers ,
Mortgages ,
Private Property ,
Real Estate Development ,
Recordation ,
Setoff Rights ,
TCPA ,
Tenancy by Entirety ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Vicarious Liability
Real Property Update -
Foreclosure / Section 702.036 / Eviction: Former borrower failed to establish entitlement to stay of writ of possession pending appeal; section 702.036 solely provides for monetary damages against...more
Real Property Update -
Equitable Subrogation: Record contained evidence demonstrating that Tank Tech had repaired tanks alleged damaged by improper testing and that it had paid or reimbursed Circle K for expenses incurred...more
Real Property Update -
Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB...more
Real Property Update -
Easement / Restrictions: Reversing portion of final judgment declaring that new LLC could not impose restrictions, whether reasonable or not, on easement rights granted to individual in plat –...more
Real Property Update -
Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus...more
Real Property Update -
Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021)...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 -
FCRA: Charged off account appearing on credit report was not a factual inaccuracy, but a legal dispute, and could not sustain cause of action under FCRA – Erenthal v. Experian Info. Sols., Inc.,...more
Real Property Update -
Foreclosure: Mortgagee failed to offer competent, substantial evidence to prove that it had complied with all of the conditions of the mortgage contract that were prerequisites to allowing it to...more
Real Property Update -
Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more
Real Property Update -
HELOC / Authentication: A home equity line of credit is not a negotiable instrument, is not self-authenticating, and must be proven in support of summary judgment – Demakis v. Suntrust Bank, No....more
3/10/2021
/ Arbitration ,
Breach of Contract ,
Class Certification ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Regulation Z ,
TCPA ,
Text Messages ,
Title Insurance ,
Unsolicited Faxes
Real Property Update -
Foreclosure / Standing: Trial court erred in entering final judgment in favor of third-party purchaser where third-party purchaser participated in the foreclosure action as if he were a party to the...more
Financial Services Update -
FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more
Real Property Update -
Foreclosure / Verification: Rule 1.115(e) of the Florida Rules of Civil Procedure cannot constrain or prohibit a plaintiff from delegating to its servicer-agent the authority to verify its...more
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 / Subrogation: Trial court erred in entering final judgment of foreclosure in favor of subsequent mortgagee where subsequent mortgagee attempted to preserve and assign an otherwise...more
Real Property Update -
Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more
Financial Services Update -
TILA / Definition of Creditor: entity that arranges for the extension of credit is not a “creditor” under TILA – Rosolen v. Home Performance Alliance, Inc., No. 19-cv-00024-JLB-NPM (M.D. Fla....more
Financial Services Update -
FCRA: borrower failed to state claim for violation of FCRA based upon alleged fraud/forgery of underlying loan document, which was a legal defense to foreclosure action and not a factual...more
Real Property Update -
Condominium / Release: condominium unit owner's claims against condominium association and board were barred by subject release; claims were based on water intrusion resulting from damaged roof that...more
Real Property Update -
Equitable Lien: section 95.11(5)(b)'s one-year statute of limitation does not apply to a purchaser's funds (in excess of 10% of the purchase price), which were used to develop the condominium, as the...more
Real Property Update -
Foreclosure Sale / Challenge: borrower failed to meet his burden of establishing that gross inadequacy of foreclosure bid price resulted from "mistake, fraud or other irregularity" in the sale -...more