Christopher Smart

Christopher Smart

Carlton Fields

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage...more

1/27/2016 - Bank of America Countrywide Discovery Foreclosure Mortgages Notice of Default Standing Title Insurance US Bank National Association

Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)

REAL PROPERTY UPDATE - Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more

1/22/2016 - Anti-SLAPP Deutsche Bank Foreclosure Insurance Industry Marketable Title Real Estate Market Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 1 & 8, 2016

REAL PROPERTY UPDATE - Statutory Easement/Attorney’s Fees: appellants that were granted a statutory easement by way of necessity were not entitled to attorney’s fees pursuant to Florida Statutes, Section 704.04 because...more

1/14/2016 - Bank of New York (BNY) Mellon Banking Sector FDCPA Foreclosure Real Estate Market Standing Statute of Limitations Wells Fargo

Real Property, Financial Services & Title Insurance Update: Week Ending December 18, 2015

REAL PROPERTY UPDATE - Foreclosure/Standing: because plaintiff was not original lender, plaintiff failed to prove standing to foreclose on mortgage loan where plaintiff failed to submit note with blank or special...more

12/22/2015 - Fee-Splitting Foreclosure Insurance Industry Mortgages RESPA Standing Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 4 & 11, 2015

REAL PROPERTY UPDATE - Foreclosure/Priority: bank entitled to relief from judgment where junior lienholder foreclosed on subject property and Court ordered sale of property free and clear of all claims by bank – Bank of...more

12/14/2015 - First American Title Insurance Co. Foreclosure JPMorgan Chase Standing Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 13 & 20, 2015

REAL PROPERTY UPDATE - Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more

11/24/2015 - Foreclosure Insurance Industry Landlords Property Damage Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 30 & November 6, 2015

REAL PROPERTY UPDATE - Eminent Domain: property owners forced to defend against excessive litigation caused by condemning authority entitled to attorneys’ fees: (1) for hours defending excessive litigation, fees should...more

11/10/2015 - Easements Eminent Domain Foreclosure Homestead Exemption Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending October 9, 2015

REAL PROPERTY UPDATE - Certiorari; discovery: Certiorari review was not available to an owner of property seeking review of a trial court’s order denying his discovery requests, where the order did not completely...more

10/13/2015 - Appeals Bank of New York (BNY) Mellon Banking Sector Certiorari Closing Protection Letters Deficiency Judgments Discovery Financial Institutions Foreclosure Insurance Industry Mortgages Property Owners Residential Real Estate Market Subject Matter Jurisdiction Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending October 2, 2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of...more

10/8/2015 - Financial Institutions Foreclosure Insurance Industry Inverse Condemnation Mortgages Motion To Intervene Prejudice Residential Real Estate Market Standing Statute of Limitations Takings Title Insurance

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

The Florida Second District Court of Appeal recently issued a long-awaited opinion in Green Tree Servicing v. Milam. Until this decision, the district courts in Florida had not spoken directly on the issue of whether strict...more

10/6/2015 - Appeals Borrowers Compliance Consumer Lenders Contract Terms Financial Institutions Florida Foreclosure Mortgage Servicers Mortgages Notice of Default Residential Real Estate Market

Real Property, Financial Services & Title Insurance Update: Week Ending September 25, 2015

REAL PROPERTY UPDATE - Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was...more

10/1/2015 - Bad Faith Class Action First American Title Insurance Co. Foreclosure HSBC Putative Class Actions Residential Real Estate Market Standing Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending September 18, 2015

REAL PROPERTY UPDATE - Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more

9/25/2015 - Bank of New York (BNY) Mellon Condominiums Credit Bids Default Judgment FDIC Financial Institutions Foreclosure Insurance Industry Lenders Residential Real Estate Market Summary Judgment Title Insurance

Real Property, Financial Services & Title Insurance Update: Week Ending September 11, 2015

REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more

9/16/2015 - Adverse Possession Banking Sector Banks Citibank Financial Institutions Foreclosure HSBC Insurance Industry Land Titles Mortgages Motion to Vacate Old Republic Title Real Estate Market Restrictive Covenants Standing Title Insurance

Title Insurance Regulatory and Legislative Update August 2015

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS - Title Insurance Task Force Conference Call: In advance of the upcoming Summer National Meeting in Chicago, the Title Insurance Task Force (“Task Force”) held a conference...more

8/14/2015 - Affiliated-Business Arrangements CFPB Closing Documents Disclosure Requirements Escrow Holders Financial Institutions Insurance Industry Mortgage Servicers NAIC Proposed Regulation Residential Real Estate Market Title Insurance

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 (BNY) Mellon Compliance Financial Institutions 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

89 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×