Promissory Note / Statute of Limitations: Trial court's conclusion that the maturity date of the debt (pursuant to a promissory note, not a mortgage lien) could only be extended via a written and recorded agreement conflicted...more
Real Property Update -
UCC / Security Interests: Eleventh Circuit certified to the Florida Supreme Court the following questions: (1) Is the "search of the records of the filing office under the debtor's correct name,...more
Financial Services Update -
TILA & RESPA / Business Purpose: Plaintiff’s loan was a business loan based on court’s review of the Ninth Circuit’s five-factor test to determine whether a loan was obtained primarily for...more
Real Property Update -
Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more
Real Property Update -
Foreclosure / Pleading Fraud Defense: Trial court erred in providing relief of fraud as defense to foreclosure where fraud was never pleaded; even if fraud had been pleaded, party failed to prove...more
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
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 -
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
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 -
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 / 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 -
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-
Landlord-Tenant: rider to a lease, containing clear and unambiguous language, controlled over the terms in the lease and limited the increase in the operating expenses charged to the tenant by the...more
7/25/2019
/ Banks ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Lease Term ,
Mortgages ,
RESPA ,
Reverse Mortgages ,
Statute of Limitations ,
Truth in Lending Act (TILA)
Real Property Update -
Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more
7/8/2019
/ Damages ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Res Judicata ,
RESPA ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
Real Property Update -
Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more
7/8/2019
/ Attorney's Fees ,
FCC ,
FDUTPA ,
Financial Services Industry ,
Mortgages ,
Motion to Dismiss ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Unsolicited Faxes ,
Vacated
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 -
Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
5/22/2019
/ Ad Valorem Tax ,
Attorney's Fees ,
Deeds ,
Demand Letter ,
Depositions ,
Expert Witness ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraud ,
Homeowners Association (HOA) ,
HSBC ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Policy Exclusions ,
Preemption ,
Recoupment ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more
5/22/2019
/ Ad Valorem Tax ,
Foreclosure ,
Guarantors ,
Guaranty Claims ,
HSBC ,
Immunity ,
Insurance Agents ,
Insurance Litigation ,
Mortgages ,
Recoupment ,
RESPA ,
Restrictive Covenants ,
Statute of Limitations ,
Tax Exemptions ,
Title Insurance
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
Real Property Update -
Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more
4/24/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Inverse Condemnation ,
Marketable Title ,
Mortgages ,
Policy Terms ,
Promissory Notes ,
State Departments of Transportation ,
Statute of Limitations ,
Uniform Commercial Code (UCC)
Financial Services Update -
FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more
4/24/2019
/ Administrative Procedure Act ,
Concurrent Litigation ,
Consumer Financial Products ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Mortgages ,
Negligence ,
Professional Negligence ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
US Bank National Association
Real Property Update-
Deed Restriction / MRTA: Marketable Records Title to Real Property Act extinguished association's restrictions where restrictions were more than thirty years old, predating lot owner's root of title,...more
4/24/2019
/ Affirmative Use Deed Restrictions ,
Bonds ,
Consumer Financial Products ,
Damages ,
Deficiency Notices ,
Estoppel ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
HSBC ,
Lis Pendens ,
Mortgages ,
Nexus ,
Personal Jurisdiction ,
Standing ,
Statute of Limitations
Real Property Update -
Foreclosure / Surplus Funds: sections 45.032 and 45.033, Florida Statutes, create a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is...more
2/19/2019
/ Article III ,
Beneficiaries ,
Breach of Contract ,
Estoppel ,
Financial Services Industry ,
Foreclosure ,
Insurance Claims ,
Mortgages ,
Nationstar ,
Policy Terms ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance ,
US Bank National Association