A new class action lawsuit alleges that the National Association of Realtors (NAR), along with some of the largest real estate firms in the nation — RE/MAX, Keller Williams, Realogy Holdings, and HomeServices of America...more
Foreclosure / Amendments to Conform to Evidence: trial court erred in allowing Wells Fargo to amend its complaint during trial to conform to evidence presented of two unpled modification agreements – Tracey v. Wells Fargo...more
4/2/2018
/ Amended Complaints ,
Article III ,
Class Action ,
Class Certification ,
Condominiums ,
Declaration of Condominium ,
FCCPA ,
FDCPA ,
FDUTPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Inequitable Conduct ,
Insurance Industry ,
Loan Modifications ,
Mortgages ,
Regulatory Violations ,
Standing ,
Tax Appeals ,
Time-Barred Claims ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
- Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more
10/9/2017
/ Advertising ,
Article III ,
Auto-Dialed Calls ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Class Action ,
Class Certification ,
Constructive Notice ,
Equifax ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
HUD ,
Insurance Industry ,
Late Notices ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Putative Class Actions ,
RESPA ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more
9/20/2017
/ Arbitration ,
Banking Sector ,
Class Action ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Professional Liability ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Short Sale/Statute of Limitations: Florida Statute section 95.11(5)(h)’s one year statute of limitations period does not apply to bar Bank’s cause of action for deficiency judgment arising...more
8/17/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Class Action ,
Consent ,
Foreclosure ,
Fraud ,
Insurance Industry ,
Mortgages ,
Nationstar ,
Short Sales ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Tortious Interference
REAL PROPERTY UPDATE -
Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more
8/8/2017
/ Banking Sector ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Nationstar ,
Policy Terms ,
TCPA ,
Title Insurance ,
Title Search ,
Truth in Lending Act (TILA) ,
Unsolicited Faxes
REAL PROPERTY UPDATE -
Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more
11/18/2016
/ Arbitration ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Constitutional Challenges ,
Consumer Lenders ,
Diversity Jurisdiction ,
Economic Loss Doctrine ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Motion to Vacate ,
Punitive Damages ,
Real Estate Market ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Voluntary Dismissals
REAL PROPERTY UPDATE -
Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if...more
9/20/2016
/ Arbitration ,
Class Action ,
Fidelity National Title Insurance Company ,
Insurance Industry ,
Liens ,
Mortgages ,
Motion to Compel ,
Negligence ,
Residential Real Estate Market ,
Short Sales ,
Subdivision ,
Summary Judgment ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more
7/11/2016
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Closing Protection Letters ,
Deficiency Judgments ,
Economic Loss Doctrine ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Fraud ,
Insurance Industry ,
Leave to Amend ,
Liens ,
Lis Pendens ,
Mortgage Fraud ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Prejudgment Interest ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more
6/8/2016
/ Bank of America ,
Bank of New York (BNY) Mellon ,
Class Action ,
Consumer Bankruptcy ,
Deutsche Bank ,
Discovery ,
Equitable Subrogation ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Negligence ,
Real Estate Market ,
Sanctions ,
Short Sales ,
Standing ,
Stays ,
Title Insurance ,
US Bank National Association ,
Vicarious Liability ,
Wachovia ,
Wells Fargo
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
Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more
9/3/2015
/ Bank of America ,
Captive Insurance Company ,
Class Action ,
Delinquent Borrowers ,
Deutsche Bank ,
Fair Market Value ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Loan Modifications ,
Mortgage Escrow Account ,
Mortgage Lenders ,
Mortgages ,
Prejudice ,
Property Owners ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Washington Mutual
REAL PROPERTY UPDATE -
Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more
7/28/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Condominiums ,
Deeds ,
Eviction ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Inequitable Conduct ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Petition for Partition ,
Promissory Notes ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank
Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more
4/29/2015
/ Attorney's Fees ,
Class Action ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Discovery ,
Equitable Lien ,
FCCPA ,
Foreclosure ,
Liens ,
Statute of Limitations ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more
REAL PROPERTY UPDATE -
Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more
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
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