Jourdan Haynes

Jourdan Haynes

Carlton Fields

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Real Property & Title Insurance Update: Weeks Ending November 18 & 25, 2016

REAL PROPERTY UPDATE - Settlement/Waiver: borrowers permitted to raise affirmative defenses and counterclaims against lender where subject Loan Modification Agreement failed to include waiver of claims, affirmative...more

12/2/2016 - Bank of New York (BNY) Mellon Banking Sector Breach of Contract Consumer Financial Products Financial Institutions Foreclosure HOA Injunctions Insurance Industry Loan Modifications Mortgages Real Estate Market Settlement Title Insurance

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

11/3/2016 - Attorney's Fees Bank of America Bank of New York (BNY) Mellon Banking Sector Banks Condominiums Deutsche Bank Foreclosure Intervenors JPMorgan Chase Mortgages Motion for Leave Notice of Default Real Estate Market Service of Process Standing Subject Matter Jurisdiction Summary Judgment

Real Property & Title Insurance Update: Week Ending October 14, 2016

REAL PROPERTY UPDATE - Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure...more

10/19/2016 - Bank of America Banking Sector Banks Deutsche Bank Financial Institutions Foreclosure HSBC Insurance Industry JPMorgan Chase Mortgage Lenders Mortgages Notice of Default Old Republic Title Real Estate Market Regulation X Standing Statute of Limitations Title Insurance US Bank National Association Vacated

Real Property & Title Insurance Update: Week Ending October 7, 2016

Foreclosure: debtor that agreed to “surrender” property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor’s foreclosure action...more

10/13/2016 - Article III Attorney's Fees Citibank Condominiums Consumer Bankruptcy First American Title Insurance Co. Foreclosure Insurance Industry Mortgages Real Estate Market Safe Harbors Standing Title Insurance US Bank National Association

Real Property & Title Insurance Update: Week Ending September 16, 2016

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 & Title Insurance Update: Week Ending August 19 & 26, 2016

Real Property Update: - Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more

8/31/2016 - Affirmative Defenses Article III Bank of America Bank of New York (BNY) Mellon Banking Sector Banks Condominiums Deficiency Judgments Foreclosure Insurance Industry JPMorgan Chase Liens Lis Pendens Mortgages Personal Jurisdiction Real Estate Market Special Damages Standing Statute of Limitations Title Insurance Wells Fargo

Real Property & Title Insurance Update: Week Ending August 12, 2016

REAL PROPERTY UPDATE: Jurisdiction/Deficiency Judgment: Second DCA agrees with Third DCA that “a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when the plaintiff had...more

8/17/2016 - Article III Banking Sector Deficiency Judgments Escrow Accounts Foreclosure Insurance Industry Judgment Liens Jurisdiction Mortgage Lenders Mortgages Old Republic Title Residential Real Estate Market Standing Title Insurance US Bank National Association

Real Property & Title Insurance Update: Week Ending August 5, 2016

REAL PROPERTY UPDATE - Foreclosure/Discovery: Good cause not found to enter protective order preventing owner of property, subject to foreclosure, from deposing bank’s only witness on basis that owner of property was not...more

8/12/2016 - Bank of New York (BNY) Mellon Banking Sector Banks Consumer Lenders Discovery Escrow Accounts Foreclosure Insurable Interests Insurance Industry Mortgage Lenders Mortgages Motion to Quash Notice of Default Real Estate Market Service of Process Standing Summary Judgment Title Insurance Wells Fargo

Real Property & Title Insurance Update: Week Ending July 29, 2016

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

Real Property & Title Insurance Update: Week Ending July 22, 2016

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 & Title Insurance Update: Weeks Ending April 15 & 22, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: original allonge is part of original note and must be filed to prove standing; assignment of mortgage that did not assign note insufficient to establish standing to...more

4/27/2016 - Foreclosure Standing Statute of Limitations Title Insurance

Real Property & Title Insurance Update: Week Ending April 8, 2016

REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more

4/12/2016 - Department of Transportation (DOT) First American Title Insurance Co. Foreclosure HSBC Insurance Industry Jury Instructions Mortgages Railroads Reformation Residential Real Estate Market Sovereign Immunity Standing Statute of Limitations Subrogation Title Insurance U.S. Bank National Association Wells Fargo

Real Property & Title Insurance Update: Week Ending April 1, 2016

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

4/6/2016 - Anti-SLAPP Business Records Condominium Associations Dismissals Evidence Foreclosure HUD Malicious Prosecution Mortgages Negligent Misrepresentation PNC Standing Summary Judgment Title Insurance

Real Property & Title Insurance Update: Week Ending March 25, 2016

REAL PROPERTY UPDATE - - Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more

3/30/2016 - Ad Valorem Tax Deutsche Bank E&O Insurance Fidelity National Title Insurance Company Foreclosure Insurance Industry JPMorgan Chase Mortgages Property Tax Residential Real Estate Market Statute of Limitations Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

3/24/2016 - Article III Attorney's Fees Banking Sector Deeds Deficiency Judgments Fidelity National Title Insurance Company Foreclosure Homestead Exemption JPMorgan Chase Mortgages Residential Real Estate Market Standing Title Insurance Wells Fargo

Real Property, Financial Services & Title Insurance Update: Week Ending March 7, 2016

REAL PROPERTY UPDATE - - Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more

3/9/2016 - Duty to Defend Fidelity National Title Insurance Company Foreclosure Insurance Industry Mortgages Policy Exclusions Standing Title Insurance

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