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 -
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 -
- 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 UPDATE -
Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more
7/28/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Condominiums ,
Deeds ,
Eviction ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Inequitable Conduct ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Petition for Partition ,
Promissory Notes ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank
REAL PROPERTY UPDATE -
Probate/Quit Claim Deeds: trial court correctly ordered personal representative to issue deeds conveying properties to son and mother, subject to life estate held by son – Ciungu v. Bulea, Case...more
Real Property Update:
Deed Restriction: genuine issue of material facts remains concerning whether original parties to deed with restrictions contemplated future unilateral amendments to restrictions that would bind...more
REAL PROPERTY UPDATE -
- Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more
1/6/2015
/ Action to Quiet Title ,
Appraisal ,
Bad Faith ,
Banks ,
Deeds ,
Disclosure Requirements ,
Duty to Defend ,
Foreclosure ,
Negligence ,
Prejudgment Interest ,
Property Insurance ,
Real Estate Investments ,
Real Estate Market ,
Recording Requirements ,
Right of Access ,
Standing ,
Title Insurance