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 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
6/18/2021
/ Article III ,
ATDS ,
Attorney's Fees ,
Condominiums ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Injury-in-Fact ,
Mortgages ,
Popular ,
Standing ,
TCPA
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 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
7/14/2020
/ Attorney's Fees ,
Breach of Contract ,
Class Action ,
Condition Precedent ,
Condominiums ,
Debt ,
FCCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Mortgages ,
TCPA ,
Title Insurance ,
Tort ,
Wells Fargo
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
5/26/2020
/ Attorney's Fees ,
Construction Contracts ,
Construction Liens ,
Construction Project ,
Debt Collection ,
E-Commerce ,
FDCPA ,
Financial Services Industry ,
Real Estate Development ,
Statutory Violations ,
TCPA ,
Text Messages
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
3/11/2020
/ Ad Valorem Tax ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Department of Revenue ,
Evidentiary Hearings ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners Association (HOA) ,
Lis Pendens ,
Tax Relief ,
TCPA
Real Property Update -
Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
2/19/2020
/ ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Borrowers ,
Chapter 13 ,
Class Action ,
Class Certification ,
Condominiums ,
Consumer Financial Products ,
Consumer Loan Companies ,
Damages ,
Debt ,
Debt Collection ,
E&O Insurance ,
FCCPA ,
FDCPA ,
Federal Student Loans ,
Fiduciary Duty ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraudulent Transfers ,
Jurisdiction ,
Jury Trial ,
Lenders ,
Loans ,
Mortgages ,
Real Estate Market ,
Real Estate Transactions ,
Statute of Limitations ,
Stays ,
SunTrust ,
TCPA ,
Text Messages ,
Third-Party ,
Title Insurance ,
Unjust Enrichment ,
US Bank National Association ,
Venue ,
Waivers
Real Property Update -
Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more
12/4/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Consumer Lenders ,
Department of Agriculture ,
Failure to Investigate ,
Fair Credit Reporting Act (FCRA) ,
False Pretenses ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Florida ,
Foreclosure ,
HAMP ,
JPMorgan Chase ,
Loan Modifications ,
Misrepresentation ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Ocwen ,
Partitions ,
Real Estate Market ,
State and Local Government ,
Takings Clause ,
Title Insurance ,
US Bank National Association
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
10/11/2019
/ Aggregation Rules ,
ATDS ,
Attorney's Fees ,
Construction Liens ,
Consumer Financial Products ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Joint Tenancy ,
Ocwen ,
Original Jurisdiction ,
Partitions ,
Property Access ,
Robocalling ,
TCPA ,
Title Insurance
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
7/8/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First Amendment ,
Foreclosure ,
Mortgages ,
Popular ,
RESPA ,
Standing ,
TCPA
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
7/8/2019
/ Attorney's Fees ,
FCC ,
FDUTPA ,
Financial Services Industry ,
Mortgages ,
Motion to Dismiss ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Unsolicited Faxes ,
Vacated
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
6/11/2019
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Harassment ,
Jury Trial ,
Mortgages ,
Nationstar ,
Old Republic Title ,
Refinancing ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
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
6/6/2019
/ Attorney's Fees ,
Debit and Credit Card Transactions ,
Deutsche Bank ,
FACTA ,
Federal Jurisdiction ,
Financial Services Industry ,
Foreclosure ,
JPMorgan Chase ,
Mortgage Loan Servicing Standards ,
Rooker-Feldman Doctrine ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Voluntary Dismissals
Real Property Update -
Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
5/22/2019
/ Ad Valorem Tax ,
Attorney's Fees ,
Deeds ,
Demand Letter ,
Depositions ,
Expert Witness ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraud ,
Homeowners Association (HOA) ,
HSBC ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Policy Exclusions ,
Preemption ,
Recoupment ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
• Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more
5/2/2019
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bonds ,
Contract Claims ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
Financial Services Industry ,
Foreclosure ,
Homeowners ,
Hospitals ,
Landlords ,
Mortgage Lenders ,
Motion to Dismiss ,
Personal Liability ,
Property Liens ,
Remand ,
Res Judicata ,
Residential Leases ,
Reversal ,
Special Tax ,
Statute of Limitations ,
Summary Judgment ,
Tenants ,
Title Insurance ,
Trial Court Orders ,
Waiver of Rights ,
Zoning Laws
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
5/2/2019
/ Arbitration Agreements ,
Attorney's Fees ,
Debt Collection ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Homeowner's Insurance ,
Homeowners ,
Putative Class Actions ,
RESPA ,
TCPA
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
4/24/2019
/ Attorney's Fees ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Inverse Condemnation ,
Marketable Title ,
Mortgages ,
Policy Terms ,
Promissory Notes ,
State Departments of Transportation ,
Statute of Limitations ,
Uniform Commercial Code (UCC)
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
6/6/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HELOC ,
JPMorgan Chase ,
Mortgages ,
Policy Exclusions ,
RICO ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
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
4/25/2018
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Condition Precedent ,
Debt Collection ,
Deutsche Bank ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Lis Pendens ,
Marketable Title ,
Mortgages ,
Pleadings ,
Regulatory Violations ,
RESPA ,
RICO ,
TCPA ,
Title Insurance ,
US Bank National Association
Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more
2/14/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Breach of Contract ,
Condition Precedent ,
D&O Insurance ,
Diminution in Value ,
Easements ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Fraudulent Concealment ,
Guaranty Claims ,
Hearsay ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Misrepresentation ,
Mortgages ,
Old Republic Title ,
PNC ,
Real Estate Market ,
Regulatory Violations ,
RESPA ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
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
10/18/2017
/ Action to Quiet Title ,
Ad Valorem Tax ,
Attorney's Fees ,
Banking Sector ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Judgments ,
Disclosure Requirements ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Res Judicata ,
Trespass ,
Truth in Lending Act (TILA) ,
Unlawful Detainer ,
Wells Fargo
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
6/27/2017
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Common Ownership ,
Fifth Amendment ,
Foreclosure ,
Garnishment ,
Just Compensation ,
Land Parcels ,
Mortgages ,
Murr v Wisconsin ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
Right of Access ,
SCOTUS ,
Standing ,
Takings Clause ,
Title Insurance ,
Wells Fargo ,
Zoning Laws
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
6/8/2017
/ Ad Valorem Tax ,
American Rule ,
Attorney's Fees ,
Banking Sector ,
Compensatory Damages ,
Embezzlement ,
Foreclosure ,
Insurance Industry ,
Leases ,
Mortgages ,
Title Insurance ,
Wells Fargo
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
4/25/2017
/ Attorney's Fees ,
Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Covenant of Good Faith and Fair Dealing ,
Deutsche Bank ,
Estoppel ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
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
3/7/2017
/ Appeals ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Damages ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Motion to Vacate ,
Real Estate Market ,
Statute of Limitations ,
Summary Judgment ,
SunTrust ,
Title Insurance