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 -
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 -
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
Financial Services Update -
TCPA / Standing & Remand: defendant failed to establish plaintiff's standing where plaintiff received a single unsolicited text message from defendant - Jenkins v. Simply Healthcare Plans, Inc.,...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
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
Real Property Update -
Specific Performance: suit for specific performance concerning real estate requires proof that is clear, definite, and certain - Lupetto, Inc. v. South Bay Developers Group, LLC, No. 3D19-1068 (Fla....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
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
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 -
Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more
7/14/2020
/ Attorney's Fees ,
Breach of Contract ,
Class Action ,
Condition Precedent ,
Condominiums ,
Debt ,
FCCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Mortgages ,
TCPA ,
Title Insurance ,
Tort ,
Wells Fargo
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 -
Foreclosure: Trial court erred in granting summary final judgment of foreclosure as lender failed to properly prove amounts due by competent substantial evidence - CDC Capital Invs., LLC v. Bayview...more
5/20/2020
/ Duty to Defend ,
Fair Credit Reporting Act (FCRA) ,
False Advertising ,
Foreclosure ,
Harvesting Losses ,
Mortgages ,
Native American Issues ,
Preemption ,
Seafood ,
Standing ,
Student Loans ,
Title Insurance ,
Tribal Governments ,
Unfair Competition
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