Michael Winston

Michael Winston

Carlton Fields Jorden Burt

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Latest Publications


Florida Court Recognizes Need To Show Prejudice To Establish Defense Of Failure Of Conditions Precedent Under Paragraph 22 Of The...

As part of its defense at trial in a foreclosure action, the defendants asserted that the plaintiff bank failed to satisfy the condition precedent of providing notice and an opportunity to cure before filing its complaint, as...more

5/11/2015 - Bank of New York (BNY) Mellon Breach of Contract Final Judgment Foreclosure Mortgages Prejudice

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more


Stripping of Unsecured Second Mortgages in Chapter 7 Bankruptcies in the Crosshairs

Since its 1989 opinion in Folendore v. Small Business Admin., the Eleventh Circuit Court of Appeals has allowed debtors to completely strip off and void wholly unsecured junior liens in Chapter 7 bankruptcies under Section...more

4/7/2015 - Bankruptcy Code Certiorari Chapter 7 Consumer Bankruptcy Junior Lenders Lien Stripping Mortgages SCOTUS Unsecured Debt

Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action

Unsuccessful mortgage foreclosure actions have resulted in a new wave of "quiet title" lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district...more

10/1/2014 - Action to Quiet Title Dismissals Foreclosure Mortgages

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

Servicers Face New Requirements for Responding to Consumer Error Claims

The CFPB amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA) that took effect January 10, impose onerous new requirements on servicers to correct errors and provide information that...more

7/14/2014 - CFPB Mortgages Regulation X RESPA Truth in Lending Act (TILA)

Unsettled Questions Remain Under The SCRA

The Servicemembers Civil Relief Act (SCRA) protects active duty members of the military in civil actions, including foreclosures and collections. Section 533 of the Act applies to persons entering the military after incurring...more

5/7/2014 - Active Duty Debt Collection Default Judgment Foreclosure SCRA

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more


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