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
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 -
- Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more
11/14/2014
/ Accelerated Payments ,
Attorney's Fees ,
Business Records ,
Commercial Property Owners ,
Foreclosure ,
HOEPA ,
Medical Devices ,
Retailers ,
Right To Cure ,
Specific Performance ,
Standing ,
Target ,
Title Insurance
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
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
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
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Attorneys’ Fees: trial court did not abuse its discretion in awarding attorneys’ fees and costs of $74,429 against bank following dismissal of foreclosure action as sanction...more