REAL PROPERTY UPDATE -
Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more
5/16/2018
/ Ally Financial Inc ,
American Express ,
Article III ,
Bank of America ,
BAPCPA ,
Chapter 7 ,
Condominiums ,
Consumer Bankruptcy ,
Debt Collectors ,
Deutsche Bank ,
Equifax ,
Exculpatory Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HOA Dues ,
Leases ,
Mortgages ,
Negligence ,
Repossess ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE:
Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to...more
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/Standing: where copy of note attached to foreclosure complaint contained no endorsement and original note presented at trial had endorsement in favor of plaintiff, plaintiff required to...more
9/15/2016
/ Attorney's Fees ,
Banking Sector ,
Banks ,
Breach of Contract ,
Dismissal With Prejudice ,
Dismissals ,
Ejectment ,
Endorsements ,
Fidelity National Title Insurance Company ,
First American Title Insurance Co. ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Negligence ,
Real Estate Market ,
Standing ,
Title Insurance ,
Unjust Enrichment
Lis Pendens: a party seeking to maintain a lis pendens must establish a “fair nexus” between the party’s claim and the subject property by making “a minimal showing that there is at least some basis for the underlying claim...more
7/25/2016
/ Banking Sector ,
Consumer Lenders ,
Debt Collection ,
Deutsche Bank ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Limitation of Liability Clause ,
Lis Pendens ,
Mortgages ,
Negligence ,
Real Estate Market ,
Title Insurance
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 -
Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more
5/26/2016
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Consumer Bankruptcy ,
Countrywide ,
Credit Suisse ,
Deutsche Bank ,
Discovery ,
Fidelity National Title Insurance Company ,
Fifth Third Mortgage Company ,
Foreclosure ,
Hearsay ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Negligence ,
Notice of Default ,
Personal Liability ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
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 UPDATE -
Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more
REAL PROPERTY UPDATE -
- Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more
1/6/2015
/ Action to Quiet Title ,
Appraisal ,
Bad Faith ,
Banks ,
Deeds ,
Disclosure Requirements ,
Duty to Defend ,
Foreclosure ,
Negligence ,
Prejudgment Interest ,
Property Insurance ,
Real Estate Investments ,
Real Estate Market ,
Recording Requirements ,
Right of Access ,
Standing ,
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