Latest Publications

Share:

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

2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares. ...more

7/2/2014 - Condominium Associations Condominiums New Legislation Real Estate Investments Real Estate Market Timeshare

Real Property, Financial Services & Title Insurance Case Law Update: June 2014 #1

Foreclosure/Surplus Funds: subordinate lienholder who failed to file claim to surplus funds with clerk within sixty days of foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010) not entitled to surplus...more

6/10/2014 - Foreclosure Landlords Leases Lienholders Promissory Notes Secured Lenders Tenants

Real Property, Financial Services & Title Insurance Case Law Update: May 2014 #1

I. FLORIDA STATE CASES - SARA WITMEYER - - Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more

5/14/2014 - Breach of Contract Equitable Subrogation Escrow Holders FDCPA Foreclosure Landlord Personal Jurisdiction Subrogation Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - - Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more

4/29/2014 - Breach of Contract Commercial Leases Foreclosure Landlords Statute of Limitations Tenants Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending March 14 & March 21, 2014

I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES - - Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that...more

3/26/2014 - Foreclosure Landlords Mortgages Property Tax Tenants 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 February 14, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more

2/18/2014 - Arbitration Foreclosure Land Titles Mortgages Replevin Slander Standing Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 17, 2014

II. 11TH CIRCUIT CASES - JIN LIU - - Quiet Title: banks’ failure to respond to borrowers’ demands for proof of validity of mortgage and assignment did not render mortgage and assignment invalid or create a cloud on...more

1/22/2014 - Banking Sector Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 3, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - - Discovery: guarantors who moved to set aside stipulation to deficiency judgment not entitled to depose corporate representatives of foreclosing plaintiff and assignee of final...more

1/10/2014 - Deficiency Judgments Foreclosure Land Titles Misrepresentation Mortgages Property Tax Statute of Limitations

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more

12/16/2013 - Breach of Contract Land Titles Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

12/3/2013 - Foreclosure Infrastructure Land Titles Mortgages Property Improvements Property Owners Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SASHA GRANAI FUNK - Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more

11/13/2013 - Breach of Duty Dismissal With Prejudice FDCPA Fiduciary Duty Foreclosure Statute of Frauds Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 25 & November 1, 2013

I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES - - Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes...more

11/6/2013 - FCRA Foreclosure Land Titles Mortgages Property Owners SCRA Tax Liens Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 15, 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - - Foreclosure: promissory notes self-authenticating and signatures thereto presumed authentic and authorized absent evidence of forgery or lack of authorization - Bennett v....more

10/15/2013 - Duty to Defend FDIC Foreclosure Insurers Mortgages Tenancy by Entirety Title Insurance

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 27, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - Foreclosure/Standing: certifying to Florida Supreme Court as question of great public importance whether a plaintiff in a foreclosure action may cure inability to prove...more

10/2/2013 - Easements FCRA FDCPA Foreclosure Inverse Condemnation Standing Summary Judgment 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

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

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

9/10/2013 - Admissibility Class Action Contract Interpretation Evidence Fiduciary Duty Hearsay Records Exception Rescission Testimony Title Insurance Warranties

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

8/19/2013 - Arbitration Counterclaims Discovery Foreclosure Land Titles Mortgages Real Estate Market Slander Title Insurance

27 Results
|
View per page
Page: of 2