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Real Property, Financial Services, & Title Insurance Update: Week Ending January 14, 2022

Dismissal / Fees & Costs: While not an adjudication on the merits, a voluntary dismissal generally entitles a defendant to attorneys' fees as the prevailing party - Catamaran B.Y., Inc. v. Giordano, No. 3D21-369 (Fla. 3d DCA...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending December 25, 2020

Financial Services Update - FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 26, 2020

Real Property Update - Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 15, 2020

Real Property Update - Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Real Property, Financial Services, & Title Insurance Update: Week Ending September 27, 2019

Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more

Real Property & Financial Services Update: Week Ending June 14, 2019

Real Property Update - Foreclosure / Business Records / Hearsay: trial court abused its discretion in excluding collection notes into evidence where witness sufficiently laid predicate for admissibility of these records -...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

Real Property Update - Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 24, 2019

Real Property Update - Attorneys' Fees / Voluntary Dismissal: it is an exception to the general rule that when a plaintiff voluntarily dismisses an action the defendant is the prevailing party, when both parties...more

Financial Services Update - April Part 1

Financial Services Update - • TCPA: plaintiff's putative TCPA class action arose from post-agreement conduct that did not fall within scope of contract's arbitration agreement - Getz v. DirecTV, LLC, 359 F. Supp. 3d 1222...more

Real Property & Title Insurance Update: Week Ending March 29, 2019

Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending May 18 & 25, 2018

REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Real Property & Title Insurance Update: Week Ending June 2, 2017

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to...more

Real Property & Title Insurance Update: Week Ending April 14 & 21, 2017

REAL PROPERTY UPDATE - Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that...more

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

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