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
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 Update -
Cross-Easement Agreement / Res Judicata: Doctrine of res judicata is not applicable where the claims in the two cases concern different periods of time, and the facts that were essential to maintain...more
Real Property Update -
Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more
Real Property Update -
Residential Landlord-Tenant / Non-Payment of Rent: Landlords' counterclaim for non-payment of rent in action brought by tenants was not barred by res judicata or the rule against splitting causes of...more
Real Property Update -
Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more
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
REAL PROPERTY UPDATE -
Deficiency/Subject Matter Jurisdiction: approving the 3d DCA’s opinion that an assignee of a foreclosure judgment can maintain a separate action for deficiency under Florida Statutes, Section...more
12/15/2016
/ Article III ,
Attorney's Fees ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Condition Precedent ,
Eviction ,
Expert Testimony ,
Foreclosure ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Land Use Restrictions ,
Landlords ,
Mortgages ,
Real Estate Market ,
Residential Leases ,
Standing ,
Subject Matter Jurisdiction ,
Tenants ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more
5/11/2016
/ Attorney's Fees ,
Bank of America ,
Condominiums ,
Consumer Lenders ,
Deutsche Bank ,
Equitable Lien ,
Financial Institutions ,
Foreclosure ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
Landlords ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Old Republic Title ,
Property Insurance ,
Real Estate Market ,
Release Agreements ,
Settlement Agreements ,
Standing ,
Tenants ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more
REAL PROPERTY UPDATE -
Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more
7/7/2015
/ Attorney-Client Privilege ,
Bank of America ,
Condominium Associations ,
Deutsche Bank ,
Diminution in Value ,
First American Title Insurance Co. ,
Foreclosure ,
JPMorgan Chase ,
Landlords ,
Mortgages ,
Real Estate Market ,
Rent ,
Standing ,
Tenants ,
Title Insurance
I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES -
- Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that...more