Ilan Nieuchowicz

Ilan Nieuchowicz

Carlton Fields

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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

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

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

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 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

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