News & Analysis as of

Fidelity National Title Insurance Company

Real Property & Title Insurance Update: Week Ending January 27, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Real Property & Title Insurance Update: Week Ending January 13, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure: where a valid mortgage properly encumbers the subject property, an incorrect deed and a reformation of deed count are not fatal to a foreclosure action - Heartwood 2, LLC v. Dori, Case...more

Real Property & Title Insurance Update: Week Ending January 6, 2017

by Carlton Fields on

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

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Real Property & Title Insurance Update: Week Ending September 16, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if...more

Real Property & Title Insurance Update: Weeks Ending September 2 & 9, 2016

by Carlton Fields on

REAL PROPERTY UPDATE: Foreclosure/Standing: where copy of note attached to foreclosure complaint contained no endorsement and original note presented at trial had endorsement in favor of plaintiff, plaintiff required to...more

Real Property & Title Insurance Update: Weeks Ending June 24 & July 1, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

Real Property & Title Insurance Update: Week Ending March 25, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

by Carlton Fields on

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

Real Property, Financial Services & Title Insurance Update: Week Ending March 7, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more

For Whom the Bell Tolls - Only a Complete Litigation Stay Extends the Five Year Rule For Bringing a Case to Trial

On February 25, 2016 the Supreme Court of California in Gaines v. Fidelity National Title Insurance Company, et al. (Court of Appeal B244961, Superior Court Case BC361768), affirmed the lower courts’ holdings that a partial...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

by Carlton Fields on

Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 23, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Documentary Stamp Tax: deferred interest on a “pick-a-payment” mortgage did not amount to future advance, which would have required payment of documentary stamp tax - Steinberg v. Wells...more

Morris Agreement Ruled Unenforceable In Mechanics’ Lien Dispute

by Dickinson Wright on

A “Morris agreement” between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn’t an arms-length transaction, and the settlement left the insured without any risk of personal liability,...more

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 19, 2015

by Carlton Fields on

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

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