REAL PROPERTY UPDATE -
Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more
3/5/2018
/ Article III ,
ATDS ,
Banking Sector ,
Damages ,
Debt Collection ,
Deutsche Bank ,
FDCPA ,
Fidelity National Title Insurance Company ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Mechanics Lien ,
Mortgages ,
Policy Exclusions ,
Rite Aid ,
Standing ,
Statute of Limitations ,
Sufficient Nexus ,
TCPA ,
Title Insurance ,
Tortious Interference ,
US Bank National Association ,
Wells Fargo
Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more
3/7/2017
/ Appeals ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Damages ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Motion to Vacate ,
Real Estate Market ,
Statute of Limitations ,
Summary Judgment ,
SunTrust ,
Title Insurance
REAL PROPERTY UPDATE:
Foreclosure/Sufficiency of Notice: although lender’s notice of default did not expressly state that property could be sold in foreclosure, it substantially complied with notice provision (paragraph...more
2/10/2017
/ Article III ,
Banking Sector ,
Consumer Lenders ,
Damages ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Promissory Notes ,
Real Estate Market ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more
10/3/2016
/ Bad Faith ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Business Records ,
Damages ,
Deutsche Bank ,
Disclosure Requirements ,
Due Process ,
Fidelity National Title Insurance Company ,
First American Title Insurance Co. ,
Foreclosure ,
Hearsay ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Motion to Amend ,
Notice of Default ,
Old Republic Title ,
Real Estate Development ,
Real Estate Market ,
Reverse Mortgages ,
Right of Access ,
Standing ,
Statute of Limitations ,
Statutory Liens ,
Subdivision ,
Summary Judgment ,
Takings Clause ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Automatic Stay: because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even...more
8/3/2016
/ Attorney's Fees ,
Automatic Stay ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Consumer Bankruptcy ,
Damages ,
Foreclosure ,
Foreclosure Sales ,
JPMorgan Chase ,
Mortgages ,
Notice of Default ,
Real Estate Market ,
Right of Access ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance
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
I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ -
Inverse Condemnation: landowner entitled to money damages from state for inverse condemnation resulting from newly enacted law restricting landowner’s use of equipment and...more