Scott Feather

Scott Feather

Carlton Fields

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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

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

2/24/2016 - Attorney's Fees Bad Faith Bank of New York (BNY) Mellon Discovery Fidelity National Title Insurance Company Foreclosure HSBC Notice of Default Service of Process Standing Title Insurance Wells Fargo

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

2/11/2016 - Bad Faith Fidelity National Title Insurance Company Foreclosure Homestead Exemption Insurance Industry Mortgages Standing Title Insurance US Bank National Association Wells Fargo

Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage...more

1/27/2016 - Bank of America Countrywide Discovery Foreclosure Mortgages Notice of Default Standing Title Insurance US Bank National Association

Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)

REAL PROPERTY UPDATE - Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more

1/22/2016 - Anti-SLAPP Deutsche Bank Foreclosure Insurance Industry Marketable Title Real Estate Market Title Insurance

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 1 & 8, 2016

REAL PROPERTY UPDATE - Statutory Easement/Attorney’s Fees: appellants that were granted a statutory easement by way of necessity were not entitled to attorney’s fees pursuant to Florida Statutes, Section 704.04 because...more

1/14/2016 - Bank of New York (BNY) Mellon Banking Sector FDCPA Foreclosure Real Estate Market Standing Statute of Limitations Wells Fargo

Real Property, Financial Services & Title Insurance Update: Week Ending December 18, 2015

REAL PROPERTY UPDATE - Foreclosure/Standing: because plaintiff was not original lender, plaintiff failed to prove standing to foreclose on mortgage loan where plaintiff failed to submit note with blank or special...more

12/22/2015 - Fee-Splitting Foreclosure Insurance Industry Mortgages RESPA Standing Title Insurance

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