Christopher Smart

Christopher Smart

Carlton Fields Jorden Burt

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Real Property, Financial Services & Title Insurance Update

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

7/22/2014 - Attorney's Fees Disclosure Easements Exclusions Foreclosure Jurisdiction Litigation Fees & Costs Mortgage Fraud Policy Exclusions Riparian Rights Subrogation Title Insurance

Real Property, Financial Services, & Title Insurance Update

Foreclosure: reservation of jurisdiction in final judgment to determine amount of attorneys’ fees renders that portion of judgment non-final and non-appealable – BAC Home Loans Servicing LP v. Ridgway, No. 1D13-3853 (Fla. 1st...more

7/10/2014 - Attorney's Fees FDCPA Final Judgment Foreclosure Jurisdiction TILA Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update

Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property...more

7/2/2014 - Breach of Contract Condominiums Foreclosure Leases Property Damage Property Insurance Settlement Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update

Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more

6/3/2014 - Commercial Leases Condition Precedent Foreclosure Homeowner's Insurance Indemnification Lis Pendens Mortgages Standing Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: May 2014 #1

I. FLORIDA STATE CASES - SARA WITMEYER - - Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more

5/14/2014 - Breach of Contract Equitable Subrogation Escrow Holders FDCPA Foreclosure Landlord Personal Jurisdiction Subrogation Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - - Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more

4/29/2014 - Breach of Contract Commercial Leases Foreclosure Landlords Statute of Limitations Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

4/18/2014 - Action to Quiet Title Deficiency Judgments Easements Foreclosure Fraudulent Inducement Misrepresentation Mortgages Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending March 14 & March 21, 2014

I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES - - Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that...more

3/26/2014 - Foreclosure Landlords Mortgages Property Tax Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending March 7, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - - Foreclosure/Standing: testimony of employee of current loan servicer failed to establish necessary foundation for admitting records of prior loan servicer into evidence under...more

3/12/2014 - Banks Foreclosure Mortgage Loan Servicing Standards Mortgages TILA Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more

3/6/2014 - Confidentiality Default Judgment Land Titles Relation Back Doctrine Third-Party Liability Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending February 14, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more

2/18/2014 - Arbitration Foreclosure Land Titles Mortgages Replevin Slander Standing Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

1/28/2014 - Condominium Act Condominiums Escrow Accounts FIRREA Land Titles Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 17, 2014

II. 11TH CIRCUIT CASES - JIN LIU - - Quiet Title: banks’ failure to respond to borrowers’ demands for proof of validity of mortgage and assignment did not render mortgage and assignment invalid or create a cloud on...more

1/22/2014 - Banking Sector Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 10, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Jurisdiction: court violated jurisdictional principle of priority when it ordered disbursement of sales proceeds that were already the subject of declaratory judgment action...more

1/15/2014

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 3, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - - Discovery: guarantors who moved to set aside stipulation to deficiency judgment not entitled to depose corporate representatives of foreclosing plaintiff and assignee of final...more

1/10/2014 - Deficiency Judgments Foreclosure Land Titles Misrepresentation Mortgages Property Tax Statute of Limitations

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES - Homeowners Association: court may consult references commonly relied upon to supply accepted meanings of words not defined in agreement – The Grove at Harbor Hills Homeowners...more

12/17/2013 - Homeowners' Association Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more

12/16/2013 - Breach of Contract Land Titles Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

12/3/2013 - Foreclosure Infrastructure Land Titles Mortgages Property Improvements Property Owners Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 18, 2013

I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ - - Foreclosure: issue of fact concerning authenticity of “original” promissory note precluded summary judgment – AG Beaumont 1, LLC v LSREF2 Oreo, No. 2D12-5873 (Fla. 2d DCA...more

10/23/2013 - Damages Foreclosure Negligence Promissory Notes Scientific Research Takings Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 15, 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - - Foreclosure: promissory notes self-authenticating and signatures thereto presumed authentic and authorized absent evidence of forgery or lack of authorization - Bennett v....more

10/15/2013 - Duty to Defend FDIC Foreclosure Insurers Mortgages Tenancy by Entirety Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

10/9/2013 - Condominiums Debt Collection FCPA Insurers Land Titles Landlords Leases Ponzi Scheme Public Records Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 27, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - Foreclosure/Standing: certifying to Florida Supreme Court as question of great public importance whether a plaintiff in a foreclosure action may cure inability to prove...more

10/2/2013 - Easements FCRA FDCPA Foreclosure Inverse Condemnation Standing Summary Judgment Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 20, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Ad Valorem Taxes: presumption that assessment correct lost in ad valorem tax challenge where taxpayer proves by preponderance of evidence either (i)...more

9/24/2013 - Ad Valorem Tax Foreclosure Mortgages Property Tax TILA Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 13, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES - Foreclosure: summary judgment precluded where borrowers pled legally sufficient defense that was not factually refuted by lender – Seale v. Regions Bank, No. 4D12-3869 (Fla....more

9/17/2013 - Class Action Condominiums Duty to Defend Foreclosure Summary Judgment Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

9/10/2013 - Admissibility Class Action Contract Interpretation Evidence Fiduciary Duty Hearsay Records Exception Rescission Testimony Title Insurance Warranties

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