Real Property Update -
Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more
10/8/2021
/ Class Action ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deeds ,
FDCPA ,
Financial Services Industry ,
Fraudulent Wire Transfers ,
Mortgages ,
Private Property ,
Real Estate Development ,
Recordation ,
Setoff Rights ,
TCPA ,
Tenancy by Entirety ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Vicarious Liability
Real Property Update -
Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more
8/12/2020
/ Chapter 7 ,
Consumer Financial Products ,
Default Judgment ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lien Priority ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance
Real Property Update -
Condo Termination / Mandatory Arbitration: Unit owner could not pursue claims relating to condo termination for failure to comply with Florida Statutes section 718.117(16), which required unit...more
8/12/2020
/ Condition Precedent ,
Condominiums ,
Constructive Trusts ,
Consumer Financial Products ,
Cybersecurity ,
Deficiency Judgments ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Fraudulent Transfers ,
Mortgage Lenders ,
Mortgages ,
Title Insurance
Financial Services Update-
TCPA / Standing / Text Messages: Plaintiff failed to establish standing to bring TCPA claim because plaintiff had not shown he suffered an injury in fact where he received two text messages,...more
Real Property Update -
Re-Foreclosure / Redemption: Trial court properly entered final judgment allowing re-foreclosure and allowing inferior lien holder right of redemption where inferior lien holder not named as party...more
6/26/2020
/ Class Action ,
Consumer Financial Products ,
Duty to Defend ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Motion for Summary Judgment ,
Policy Exclusions ,
RESPA ,
Title Insurance
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 -
Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more
2/4/2020
/ Action to Quiet Title ,
Appraisal ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
ECOA ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Lis Pendens ,
Mortgages ,
Motion to Dismiss ,
Nationstar ,
Pleading Standards ,
Real Estate Market ,
Settlement Agreements ,
Sua Sponte ,
Wells Fargo
Real Property Update -
Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more
2/3/2020
/ Article III ,
AT&T ,
Cause of Action Accrual ,
Condition Precedent ,
Condominiums ,
Consumer Financial Products ,
Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
Deutsche Bank ,
Discovery ,
Document Productions ,
FDCPA ,
Financial Services Industry ,
Mortgages ,
No Prejudice Rule ,
Standing ,
Statutory Interpretation ,
Summary Judgment ,
TCPA
Real Property Update -
Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more
12/13/2019
/ Acceleration ,
Actual Damages ,
Affidavits ,
Article III ,
Breach of Duty ,
Consumer Financial Products ,
Consumer Lenders ,
Deutsche Bank ,
Due Process ,
Fiduciary Duty ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Homestead Exemption ,
Homesteads ,
Mortgages ,
Motions to Quash ,
Nationstar ,
Private Right of Action ,
Real Estate Market ,
RESPA ,
Standing ,
Statute of Limitations ,
Time-Barred Claims ,
Title Insurance ,
Truth in Lending Act (TILA) ,
US Bank National Association
Real Property Update -
Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more
12/4/2019
/ Article III ,
Boxing ,
Cable Television Providers ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Financial Products ,
Consumer Protection Laws ,
DirecTV ,
Do Not Call List ,
Event Tickets ,
Fair Credit Reporting Act (FCRA) ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Franchises ,
Job Applicants ,
Mortgage Lenders ,
Mortgages ,
Predominance Requirement ,
Real Estate Market ,
Salvation Army ,
Standing ,
Subway ,
TCPA ,
Title Insurance ,
Vicarious Liability
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
Financial Services Update -
FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more
11/8/2019
/ Article III ,
ATDS ,
Bankruptcy Code ,
Class Action ,
Consumer Financial Products ,
Credit Reports ,
Failure To State A Claim ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Mortgages ,
Prior Express Consent ,
Settlement ,
Standing ,
TCPA ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Wachovia
Real Property Update -
Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more
10/31/2019
/ Article III ,
Class Action ,
Consumer Financial Products ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Old Republic Title ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Title Reports ,
US Bank National Association
Real Property Update -
Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more
10/31/2019
/ Bad Faith ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Dischargeable Debts ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Forgery ,
Fraud ,
JPMorgan Chase ,
Loans ,
Mortgages ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Promissory Notes ,
Property Surrender ,
Regulatory Violations ,
RESPA ,
Rooker-Feldman Doctrine ,
Time-Barred Claims ,
Title Insurance
Financial Services Update -
Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more
10/23/2019
/ Chapter 7 ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Default Judgment ,
Deutsche Bank ,
Dischargeable Debts ,
Duty to Defend ,
Easements ,
Failure To Disclose ,
FDCPA ,
Financial Services Industry ,
Lenders ,
Predatory Lending ,
Regulatory Violations ,
Remand ,
Res Judicata ,
RESPA ,
Reversal ,
Student Loans ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Workers Compensation Awards
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 / Doc Stamps: failure to pay documentary stamp and intangible taxes on increased principal balance under loan modification rendered final foreclosure judgment unenforceable - Schroeder v....more
10/11/2019
/ Advertising ,
Consumer Financial Products ,
Debt ,
Debt Collection ,
Documentary Stamp Tax ,
Dual Purpose ,
FDCPA ,
FedEx ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Indemnification ,
Loan Modifications ,
Mortgages ,
Motion To Strike ,
Shipping ,
Subrogation ,
TCPA ,
Title Insurance ,
Unjust Enrichment
Real Property Update -
Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more
8/27/2019
/ ATDS ,
Class Action ,
Construction Industry ,
Construction Project ,
Consumer Financial Products ,
Consumer Privacy Rights ,
FDUTPA ,
Financial Services Industry ,
Land Use Restrictions ,
Navient ,
Prior Express Consent ,
Real Estate Market ,
Revocation ,
Standing ,
Statute of Repose ,
TCPA ,
Unfair or Deceptive Trade Practices
Real Property Update -
Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more
8/12/2019
/ Article III ,
Condominium Associations ,
Condominiums ,
Constructive Possession ,
Consumer Financial Products ,
Deutsche Bank ,
Equitable Subrogation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
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 -
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 -
Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more
5/22/2019
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Consumer Financial Products ,
Damages ,
ECOA ,
Equitable Subrogation ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Mortgages ,
RESPA ,
Sanctions ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
Real Property Update -
Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more
4/24/2019
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Closing Agents ,
Consumer Financial Products ,
Contributory Negligence ,
Damages ,
Deutsche Bank ,
Equitable Subrogation ,
Financial Services Industry ,
Florida ,
Foreclosure ,
Foreclosure Sales ,
Fraud ,
Marriott ,
Mortgages ,
Self-Authentication ,
Standing ,
Timeshare ,
Title Insurance ,
Title Search ,
Wells Fargo
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)
Financial Services Update -
FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more
4/24/2019
/ Administrative Procedure Act ,
Concurrent Litigation ,
Consumer Financial Products ,
Debt Collection ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Litigation ,
Mortgages ,
Negligence ,
Professional Negligence ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
US Bank National Association