Christopher Smart

Christopher Smart

Carlton Fields Jorden Burt

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Florida’s Second District Court of Appeal Confirms Substantial Compliance is the Standard for Evaluating Conditions Precedent to...

Earlier this week, the Second District Court of Appeal issued a long-awaited opinion in Green Tree Servicing v. Milam, Case No. 2D14-660 (Fla. 2nd DCA July 29, 2015). Until this decision, the district courts in Florida had...more

7/31/2015 - Bank of New York Mellon Compliance Financial Services Industry Foreclosure Mortgages Reinstatement Residential Property Owners Residential Real Estate Market US Bank National Association Wachovia Wells Fargo

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 26 & July 3, 2015

REAL PROPERTY UPDATE - Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more

7/7/2015 - Attorney-Client Privilege Bank of America Condominium Associations Deutsche Bank Diminution in Value First American Title Insurance Co. Foreclosure JPMorgan Chase Landlords Mortgages Real Estate Market Rent Standing Tenants Title Insurance

Eleventh Circuit: Enforcement of a Security Interest Is Not Debt Collection

The Eleventh Circuit Court of Appeals recently reaffirmed that enforcement of a security interest alone is not debt collection regulated by the Fair Debt Collection Practices Act (FDCPA). In Dunavant v. Sirote & Permutt,...more

6/24/2015 - Debt Collection FDCPA Financial Institutions Foreclosure Mortgage Lenders

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 5 & 12, 2015

REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more

6/16/2015 - Attorney's Fees Contractors Eminent Domain Equitable Easements Equitable Lien First American Title Insurance Co. FL Supreme Court Foreclosure HSBC Liens Loan Servicer Real Estate Market Statute of Limitations Title Insurance Trespass

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

6/3/2015 - Affirmative Defenses Breach of Contract Commercial Leases Duty to Defend Duty to Disclose Foreclosure Genuine Issue of Material Fact Negligence Notice Requirements Property Valuation Restrictive Covenants Title Insurance Underwriting

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 15, 2015

REAL PROPERTY UPDATE - State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more

5/19/2015 - Bad Faith Citizens Property Insurance Corporation Easements Foreclosure Forum Selection Clause Ingress/Egress Protective Covenants Residential Property Owners Standing

Title Insurance Regulatory and Legislative Update - May 2015

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS - Title Insurance Task Force To Survey Affiliated Business Arrangements: The Title Insurance Task Force (“Task Force”) recently conducted a conference call and among the...more

5/19/2015 - Affiliated-Business Arrangements Appraisal Department of Financial Services Insurance Industry Meal and Entertainment Expenditures National Association of Insurance Commissioners NYDFS Task Force Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 1 & 8, 2015

Foreclosure: trial court abused its discretion in dismissing foreclosure action with prejudice, cancelling substantial debt, and denying lender ability to refile a foreclosure action without making finding of facts as...more

5/13/2015 - Bank of America Bank of New York Business Records Countrywide Deficiency Judgments Equitable Lien Foreclosure GMAC HSBC Lis Pendens Mortgages Promissory Fraud Promissory Notes Remand Res Judicata Residential Property Owners Standing UCC

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

4/29/2015 - Attorney's Fees Class Action Commercial Leases Construction Contracts Construction Industry Contractors Discovery Equitable Lien FCCPA Foreclosure Liens Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending April 10, 2015

REAL PROPERTY UPDATE - Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more

4/13/2015 - Class Action Foreclosure Mediation Res Judicata Spoliation Standing

Real Property, Financial Services & Title Insurance Update: Week Ending April 3, 2015

REAL PROPERTY UPDATE - Judgment: amount awarded in judgment of foreclosure must be supported by competent evidence and lender not entitled to award of interest or fees when only statement in evidence reflected...more

4/6/2015 - Default Judgment Escrow Holders Foreclosure Mortgage Lenders Reinsurance Reservation of Rights Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending March 27, 2015

REAL PROPERTY UPDATE - Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more

3/30/2015 - Equitable Lien Foreclosure Rules of Civil Procedure Standing Surface Transportation Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending March 20, 2015

REAL PROPERTY UPDATE - Probate/Quit Claim Deeds: trial court correctly ordered personal representative to issue deeds conveying properties to son and mother, subject to life estate held by son – Ciungu v. Bulea, Case...more

3/24/2015 - Deed-in-Lieu of Foreclosure Deeds Foreclosure Form HUD-1 Petition for Partition Probate

Real Property, Financial Services & Title Insurance Update: Week Ending March 6 & 13, 2015

Real Property Update: Deed Restriction: genuine issue of material facts remains concerning whether original parties to deed with restrictions contemplated future unilateral amendments to restrictions that would bind...more

3/18/2015 - Ad Valorem Tax Deeds Foreclosure Homestead Exemption Property Valuation RESPA

Real Property, Financial Services & Title Insurance Update: Week Ending February 27, 2015

Foreclosure/Statute of Limitations: filing date of amended complaint for purposes of statute of limitations relates back to filing date of original complaint – HSBC Bank USA, National Association as Trustee for Nomura Asset...more

3/3/2015 - Foreclosure Homestead Exemption HSBC Mortgage Lenders Statute of Limitations Third-Party Beneficiaries Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

2/24/2015 - Absolute Privilege Class Action Forfeiture Insurance Litigation Marketable Title Property Damage RESPA Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending February 13, 2015

Foreclosure: trial court violated purchaser’s procedural due process rights in setting aside judicial sale of property without giving notice to purchaser. Further, trial court abused its discretion in setting aside judicial...more

2/17/2015 - Abuse of Discretion Due Process Foreclosure Liability Insurance Real Estate Transfers Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending February 6, 2015

REAL PROPERTY UPDATE - Service of Process: return of service is not required to expressly list the factors defining the “manner of service” contained in Section 48.031(1)(a), Florida Statutes, not included in the...more

2/11/2015 - Ad Valorem Tax Foreclosure Service of Process Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending January 30, 2015

REAL PROPERTY UPDATE - Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more

2/3/2015 - Accelerated Payments Breach of Warranty Foreclosure Negligence Property Owners Restrictive Covenants Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

1/28/2015 - Commercial Leases Commercial Property Owners Cotenancy Provisions Due Process Escrow Accounts Foreclosure Insurance Litigation Loss of Use Motion to Vacate Property Insurance Retail Market Retailers Standing Statute of Limitations Subrogation Tenants Title Insurance

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

An Unlikely Condition Precedent to Foreclosure in Florida

Mortgage servicers beware. Mortgagors in Florida are defending residential mortgage foreclosures based on the allegation that the servicer failed to give them notice of assignment of the right to bill and collect on the debt...more

1/16/2015 - Condition Precedent Debt Collection FDCPA Foreclosure Mortgage Lenders Mortgage Servicers Mortgages Perfected Security Interest Promissory Notes Secured Lenders

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