Scott Feather

Scott Feather

Carlton Fields Jorden Burt

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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

Real Property, Financial Services & Title Insurance Case Law Update

Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more

6/3/2014 - Commercial Leases Condition Precedent Foreclosure Homeowner's Insurance Indemnification Lis Pendens Mortgages Standing Title Insurance

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

4/18/2014 - Action to Quiet Title Deficiency Judgments Easements Foreclosure Fraudulent Inducement Misrepresentation Mortgages Statute of Limitations 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: Week Ending February 7, 2014

I. FLORIDA STATE CASES – SCOTT FEATHER - - Insurer’s Duty to Defend: order staying insurer’s declaratory action seeking coverage determination departed from essential requirements of law and caused insurer irreparable...more

2/12/2014 - Banking Sector Duty to Defend FDCPA Financial Companies HAMP Mortgage Servicers Wells Fargo

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