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Real Property, Financial Services & Title Insurance Update: September 2014 #1

REAL PROPERTY UPDATE - - Foreclosure/Standing: to establish a prima facie case for mortgage foreclosure, successor mortgagor must introduce evidence it was in possession of original note with blank endorsement at time...more

9/11/2014 - Closing Protection Letters Deed of Trust Foreclosure Mortgages Promissory Notes Standing Title Insurance

Real Property, Financial Services & Title Insurance Update: August 2014 #2

former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more

9/4/2014 - Action to Quiet Title Attorney's Fees Class Action Foreclosure Homestead Exemption Proof of Loss Standing TILA

Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC...more

8/21/2014 - FCCPA Foreclosure Mortgages Property Insurance Title Insurance

Real Property, Financial Services & Title Insurance Update

Eminent Domain/Deposit Funds: plaintiff’s right to interest on funds placed on deposit with Clerk during eminent domain proceedings pursuant to section 74.051, Florida Statutes (2007) needed to be resolved in initial takings...more

8/7/2014 - Eminent Domain Land Titles Real Estate Market Takings

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: 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 January 31, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral...more

2/5/2014 - Property Damage Receivership Standing 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

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