Real Property Update -
Foreclosure / Compliance with HUD: finding, as a matter of first impression in Florida, that a lender can prove compliance with HUD notice requirements by evidence other than a certified mail receipt...more
Real Property Update -
Condo Termination / Mandatory Arbitration: Unit owner could not pursue claims relating to condo termination for failure to comply with Florida Statutes section 718.117(16), which required unit...more
8/12/2020
/ Condition Precedent ,
Condominiums ,
Constructive Trusts ,
Consumer Financial Products ,
Cybersecurity ,
Deficiency Judgments ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraudulent Transfers ,
Mortgage Lenders ,
Mortgages ,
Title Insurance
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 -
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
Real Property Update -
Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more
12/4/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Consumer Lenders ,
Department of Agriculture ,
Failure to Investigate ,
Fair Credit Reporting Act (FCRA) ,
False Pretenses ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Florida ,
Foreclosure ,
HAMP ,
JPMorgan Chase ,
Loan Modifications ,
Misrepresentation ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Ocwen ,
Partitions ,
Real Estate Market ,
State and Local Government ,
Takings Clause ,
Title Insurance ,
US Bank National Association
Financial Services Update -
FDCPA & FCCPA / Debt Collection Activity / Monthly Mortgage Statements: Monthly mortgage statements required by TILA and sent to plaintiff did not amount to “debt collection” because they did...more
11/13/2019
/ Allegations ,
Debt Collection ,
Duty to Defend ,
Encroachments ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Judicial Intervention ,
Mortgage Lenders ,
Mortgages ,
Motion for Reconsideration ,
Motion to Dismiss ,
Motion To Intervene ,
Multidistrict Litigation ,
Payoff Requirements ,
Policy Terms ,
Regulatory Violations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
Real Property Update -
• Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more
5/2/2019
/ Auto-Dialed Calls ,
Condition Precedent ,
Constitutional Challenges ,
Creditors ,
Debt Collection ,
Debtors ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Fraudulent Concealment ,
Free Speech ,
Mortgage Lenders ,
Mortgages ,
Notice Requirements ,
Property Owners ,
RESPA ,
Reversal ,
Reverse Mortgages ,
Sales Contracts ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Tolling
Real Property Update -
• Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more
5/2/2019
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bonds ,
Contract Claims ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners ,
Hospitals ,
Landlords ,
Mortgage Lenders ,
Motion to Dismiss ,
Personal Liability ,
Property Liens ,
Remand ,
Res Judicata ,
Residential Leases ,
Reversal ,
Special Tax ,
Statute of Limitations ,
Summary Judgment ,
Tenants ,
Title Insurance ,
Trial Court Orders ,
Waiver of Rights ,
Zoning Laws
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 -
- 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 -
Foreclosure: witness may testify as to business records of another company so long as that witness can lay proper foundation of personal knowledge...more
10/30/2017
/ Banking Sector ,
Condominiums ,
Consumer Financial Products ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Misrepresentation ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Real Estate Market ,
Tax Liens ,
Title Insurance ,
Venue ,
Wells Fargo
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE -
Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more
10/18/2017
/ Action to Quiet Title ,
Ad Valorem Tax ,
Attorney's Fees ,
Banking Sector ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Judgments ,
Disclosure Requirements ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Res Judicata ,
Trespass ,
Truth in Lending Act (TILA) ,
Unlawful Detainer ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more
9/20/2017
/ Arbitration ,
Banking Sector ,
Class Action ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Professional Liability ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: note owner had constructive possession of promissory note in original servicer’s physically possession of blank-endorsed note when it filed the complaint, and had standing to...more
7/26/2017
/ Banking Sector ,
Citigroup ,
Consumer Financial Protection Bureau (CFPB) ,
Expert Testimony ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgage Lenders ,
Mortgages ,
Quicken Loans ,
Res Judicata ,
RESPA ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association
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 -
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/Deficiency Judgment: where a foreclosing bank acquires in rem jurisdiction via service by publication in underlying foreclosure action, bank may still seek personal service over an...more
4/12/2017
/ Acceleration ,
Banking Sector ,
Cause of Action Accrual ,
Closing Documents ,
Double Recovery ,
Duty to Defend ,
FDIC ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
In Rem Jurisdiction ,
Insurance Industry ,
JPMorgan Chase ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
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 -
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/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 -
Foreclosure: where a valid mortgage properly encumbers the subject property, an incorrect deed and a reformation of deed count are not fatal to a foreclosure action - Heartwood 2, LLC v. Dori, Case...more
1/19/2017
/ Affirmative Defenses ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Misappropriation ,
Mortgage Lenders ,
Mortgages ,
Policy Exclusions ,
Real Estate Market ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more
11/18/2016
/ Arbitration ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Constitutional Challenges ,
Consumer Lenders ,
Diversity Jurisdiction ,
Economic Loss Doctrine ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Motion to Vacate ,
Punitive Damages ,
Real Estate Market ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Voluntary Dismissals
REAL PROPERTY UPDATE -
Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure...more
10/19/2016
/ Bank of America ,
Banking Sector ,
Banks ,
Deutsche Bank ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Old Republic Title ,
Real Estate Market ,
Regulation X ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Vacated
The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but. Borrowers surrender property in bankruptcy but,...more
10/10/2016
/ Banking Sector ,
Bankruptcy Code ,
Borrowers ,
Chapter 13 ,
Chapter 7 ,
Consumer Bankruptcy ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Real Estate Market