Scott Feather

Scott Feather

Carlton Fields Jorden Burt

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Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

REAL PROPERTY UPDATE - - Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more

1/6/2015 - Action to Quiet Title Appraisal Bad Faith Banks Deeds Disclosure Requirements Duty to Defend Foreclosure Negligence Prejudgment Interest Property Insurance Real Estate Investments Real Estate Market Recording Requirements Right of Access Standing Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 28 & December 5, 2014

REAL PROPERTY UPDATE - Contract Interpretation: trial court erred by interpreting declaration in way that rendered provisions meaningless – Bethany Trace Owners’ Association, Inc. v Whispering Lakes I, LLC, et al., No....more

12/9/2014 - Condominium Associations Contract Interpretation Duty to Defend Foreclosure Full Credit Bid Homeowner's Insurance Right To Cure Special Assessments Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 14 & 21, 2014

REAL PROPERTY UPDATE - - Harris Act/Inverse Condemnation: dismissal was (1) improper as to landowners’ Harris Act claim because amendments to County’s land use plan were applied specifically to landowners’ property by...more

11/25/2014 - Duty to Defend Foreclosure Homestead Exemption Inverse Condemnation IRS Liens Petition for Partition Priority Debt Property Owners Real Estate Transfers Spoilation Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

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 - "business rec Accelerated Payments Attorney's Fees Commercial Property Owners Foreclosure HOEPA Medical Devices Retailers Right To Cure Specific Performance Standing Target Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 10 & October 17, 2014

REAL PROPERTY CASES - - Sinkhole Loss/Statute of Limitations: homeowners’ lawsuit was barred by the one-year statute of limitations, even though lawsuit was filed promptly after FIGA processed the claim and made a...more

10/21/2014 - FIGA Homeowner's Insurance Property Damage Property Insurance Title Insurance

Real Property, Financial Services & Title Insurance Update: September 2014 #3 & October 2014 #1

REAL PROPERTY UPDATE - - Condominium Association/Injunction: tenants’ act of moving out of condominium unit after condominium association filed action against them for injunctive relief, eviction, and ejectment did...more

10/9/2014 - Condominium Associations Condominiums Ejectment Eviction Injunctions Injunctive Relief Title Insurance

In for One, and Only One – Title Insurers’ Limited Duty to Defend

If you’ve read an insurance coverage case, you’ve probably heard the phrase "in for one, in for all." Sometimes referred to as the "complete defense rule," this old saw is used to force liability insurers to defend their...more

10/1/2014 - Duty to Defend Title Insurance

Developments in Life Insurance in Florida

Life insurers will find the following Florida decisions regarding the state’s unclaimed property law and false claims act important: - Total Asset Recovery Services, LLC v. Metlife, Inc. and Prudential Financial Inc.,...more

9/25/2014 - Death Benefits Estate Planning Life Insurance

Real Property, Financial Services & Title Insurance Update: September 2014 #2

REAL PROPERTY UPDATE - - Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more

9/23/2014 - Action to Quiet Title Appraisal Duty to Defend Economic Loss Doctrine Email Evidence Foreclosure Mechanics Lien Real Estate Transfers Release Agreements Scope of Coverage Service of Process Standing Subject Matter Jurisdiction Written Notice

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

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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