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Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 22, 2022

Real Property Update - Foreclosure / Unclean Hands: Trial court erred by applying the unclean hands doctrine to bar foreclosure because there was no support for the application of this doctrine where there was no...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 15, 2022

Real Property Update - Restraint on Alienation: Option clause in declaration, giving 814 Property a first option to purchase condominium unit, was an unreasonable restraint on alienation – 814 Prop. Holdings, LLC v. New...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 8, 2022

Real Property Update- Foreclosure / Fee Judgment / Appellate Jurisdiction: On the facts presented, appellate court had jurisdiction to address whether litigant who obtained the fee judgment against Nationstar was a proper...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 24, 2022

Real Property Update - Listing Agreement: Broker submitted evidence that sellers were first in breach of listing agreement before a particular clause in the agreement’s termination provision could have been implicated, as...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 1, 2022

Real Property Update - Sale Contract / Force Majeure: Force majeure clause in parties’ vacant land sale contract did not apply to matters, like a planned unit development application, which was within buyer’s control –...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 17, 2022

Real Property Update - Foreclosure / Mobile Home: 21st Mortgage’s unperfected security interest in mobile home — which was a fixture to mortgaged real property — did not survive the real property’s foreclosure by...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 10, 2022

Real Property Update - Deed / Automatic Reverter: Deed to municipality was a fee simple conveyance with an automatic reverter clause, and section 95.36’s limitations period was inapplicable to that deed; instead, section...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 3, 2022

Real Property Update - Foreclosure / Lost Note: Although evidence presented to establish purported right to enforce lost note was not particularly impressive, there was enough evidence to require court’s rendering of a...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 20, 2022

Real Property Update - Foreclosure / Doc Stamp Taxes: Trial court did not abuse its discretion in granting motion for involuntary dismissal of action based on section 201.08(1)(b), Florida Statutes, where documentary stamp...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 27, 2022

Real Property Update - Foreclosure / Service of Process: Trial court properly denied the estate’s motion to quash service in a foreclosure lawsuit filed by the bank for the court’s failure to conduct an evidentiary hearing...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 6, 2022

Real Property Update - Landlord-Tenant / Section 83.49: Landlord must strictly comply with notice requirements of section 83.49 before it may retain any portion of tenant’s security deposit – Wootton v. Iron Acquisitions,...more

7/25/2022  /  FCCPA , FDCPA , Landlords , Tenants

Real Property, Financial Services, & Title Insurance Update: Week Ending May 13, 2022

Real Property Update - Foreclosure / Clerk’s Registry Fees: Clerk was entitled to registry fees paid in connection with a sale that took place, even though sale was subsequently vacated – Lee Cnty. Clerk of Court v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 29, 2022

Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 22, 2022

Eviction / Default Judgment / Due Process: Tenant was denied due process when court prematurely and summarily entered an eviction judgment without hearing case despite tenant’s repeated, prompt, and substantive filings in...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 16, 2022

Real Property Update - Statute of Limitations / Deed / Reverter: City’s argument that grantor’s lawsuit, alleging that grantor’s deed to city terminated and reverted to grantor, was barred by section 95.36(1) because deed...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 8, 2022

Real Property Update - Foreclosure / Bankruptcy: Trial court erred in entering final order precluding defendant from raising any defenses in foreclosure action based upon surrender in bankruptcy because (i) debtor only...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 1, 2022

Real Property Update - Online Marketplace for Lodging / Arbitrability / Delegation to Arbitrator: Company’s terms of service incorporated by reference the AAA rules and clearly and unmistakably evidenced the parties’...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 25, 2022

Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 18, 2022

Foreclosure / Surplus Funds: Trial court erred in awarding surplus funds in association’s lien foreclosure sale to first mortgagee, as the owner of record (the mortgagor) on the date of the filing of the lis pendens was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 11, 2022

Reciprocal Easement: Three operative paragraphs of reciprocal parking easement, and the easement as a whole, unambiguously provided that rights and benefits described were appurtenant and for the benefit of successors to the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 4, 2022

Fla. Const., Art. VII, Sec. 3(a) / Ad Valorem Tax Exemptions / Municipal or Public Purpose: City was not entitled to ad valorem tax exemptions for its golf course and related facilities, despite owning said property, which...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 25, 2022

Foreclosure / Post-Judgment Allegations / Intrinsic Fraud: Allegations of fraud asserted by borrower seeking to undo her stipulation to final judgment of foreclosure in prior action were intrinsic, rather than extrinsic, and...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 18, 2022

Foreclosure / Statute of Limitations: Subsequent owner of property, which purchased property at homeowners association's junior lienholder foreclosure, took the property subject to successor mortgagee's ongoing rights, which...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 11, 2022

Lease Option / Fair Market Value: While the market value of property subject to a lease-purchase option is generally determined as unencumbered by the lease, specific language instructing appraisers to use the fixed rental...more

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