Christopher Smart

Christopher Smart

Carlton Fields

Contact  |  View Bio  |  RSS

Latest Publications

Share:

CFPB Director Offers Cold Comfort on TRID

The Consumer Financial Protection Bureau’s TILA-RESPA Integrated Disclosure (TRID) Rule took effect October 3, 2015. The TRID Rule requires two new forms – the Loan Estimate and Closing Disclosure – in connection with...more

5/3/2016 - Banking Sector CFPB Consumer Lenders GSE Mortgage Lenders Mortgages Required Forms Residential Real Estate Market TILA-RESPA Integrated Disclosure Rule (TRID)

Real Property & Title Insurance Update: Weeks Ending April 15 & 22, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: original allonge is part of original note and must be filed to prove standing; assignment of mortgage that did not assign note insufficient to establish standing to...more

4/27/2016 - Foreclosure Standing Statute of Limitations Title Insurance

The TRID Rule: Impact and Consequences on the Residential Mortgage Lending Market

Introduction and Background - Residential mortgage lenders have long been required to disclose to their borrowers (i) the cost of credit to the consumer and (ii) the cost to the consumer of closing the loan transaction....more

4/21/2016 - CFPB Closing Documents Disclosure Requirements False Claims Act (FCA) Financial Sector FIRREA Mortgage Bankers Association Mortgage Lenders Mortgages Residential Real Estate Market TILA-RESPA Integrated Disclosure Rule (TRID)

Real Property & Title Insurance Update: Week Ending April 8, 2016

REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more

4/12/2016 - Department of Transportation (DOT) First American Title Insurance Co. Foreclosure HSBC Insurance Industry Jury Instructions Mortgages Railroads Reformation Residential Real Estate Market Sovereign Immunity Standing Statute of Limitations Subrogation Title Insurance U.S. Bank National Association Wells Fargo

Real Property & Title Insurance Update: Week Ending April 1, 2016

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

4/6/2016 - Anti-SLAPP Business Records Condominium Associations Dismissals Evidence Foreclosure HUD Malicious Prosecution Mortgages Negligent Misrepresentation PNC Standing Summary Judgment Title Insurance

Real Property & Title Insurance Update: Week Ending March 25, 2016

REAL PROPERTY UPDATE - - Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more

3/30/2016 - Ad Valorem Tax Deutsche Bank E&O Insurance Fidelity National Title Insurance Company Foreclosure Insurance Industry JPMorgan Chase Mortgages Property Tax Residential Real Estate Market Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

3/24/2016 - Article III Attorney's Fees Banking Sector Deeds Deficiency Judgments Fidelity National Title Insurance Company Foreclosure Homestead Exemption JPMorgan Chase Mortgages Residential Real Estate Market Standing Title Insurance Wells Fargo

Real Property, Financial Services & Title Insurance Update: Week Ending March 7, 2016

REAL PROPERTY UPDATE - - Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more

3/9/2016 - Duty to Defend Fidelity National Title Insurance Company Foreclosure Insurance Industry Mortgages Policy Exclusions Standing Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

2/24/2016 - Attorney's Fees Bad Faith Bank of New York (BNY) Mellon Discovery Fidelity National Title Insurance Company Foreclosure HSBC Notice of Default Service of Process Standing Title Insurance Wells Fargo

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

2/11/2016 - Bad Faith Fidelity National Title Insurance Company Foreclosure Homestead Exemption Insurance Industry Mortgages Standing Title Insurance US Bank National Association Wells Fargo

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

102 Results
|
View per page
Page: of 5

"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.
×