Real Property Update -
Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more
3/11/2020
/ Affidavits ,
Class Action ,
Contract Terms ,
Duty of Care ,
Duty to Warn ,
Equitable Tolling ,
Exclusions ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FDIC ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
Forum Selection ,
Homeowners Association (HOA) ,
HSBC ,
Interest Accrual ,
Leases ,
Liens ,
Mechanics Lien ,
Negligence ,
Old Republic Title ,
Premises Liability ,
Real Estate Market ,
Summary Judgment ,
Title Insurance ,
TransUnion
Real Property Update -
Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more
1/23/2020
/ Action to Quiet Title ,
Article III ,
Bank of America ,
Equifax ,
Exhaustion Doctrine ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
FIRREA ,
Foreclosure ,
Housing Market ,
HSBC ,
Leave to Amend ,
Mortgages ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE -
Foreclosure/Deficiency Judgment: where a foreclosing bank acquires in rem jurisdiction via service by publication in underlying foreclosure action, bank may still seek personal service over an...more
4/12/2017
/ Acceleration ,
Banking Sector ,
Cause of Action Accrual ,
Closing Documents ,
Double Recovery ,
Duty to Defend ,
FDIC ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
In Rem Jurisdiction ,
Insurance Industry ,
JPMorgan Chase ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure – Involuntary Dismissal: although lender’s witnesses failed to explain lender’s loan payment history statement, the statement reflected the principal amount due and had been admitted...more
1/11/2017
/ Article III ,
Banking Sector ,
Closing Protection Letters ,
FDIC ,
Fidelity National Title Insurance Company ,
Florida ,
Foreclosure ,
Insurance Industry ,
Lis Pendens ,
Mortgages ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more
9/25/2015
/ Bank of New York (BNY) Mellon ,
Condominiums ,
Credit Bids ,
Default Judgment ,
FDIC ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Lenders ,
Residential Real Estate Market ,
Summary Judgment ,
Title Insurance
REAL PROPERTY UPDATE:
Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more
6/24/2015
/ Breach of Duty ,
Deutsche Bank ,
Escrow Accounts ,
FDIC ,
Fidelity National Title Insurance Company ,
Fiduciary Duty ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Good Faith ,
Insurance Industry ,
Land Titles ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reinsurance ,
Short Sales ,
Standing ,
Title Insurance ,
Wachovia