News & Analysis as of September 20, 2024

Foreclosure › Duty to Defend

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Real Property, Financial Services, & Title Insurance Update: Week Ending February 5, 2021

Carlton Fields on 2/5/2021

Real Property Update - Foreclosure / Standing: In moving for involuntary dismissal, borrowers were required to admit as true all of the facts in evidence, including representations made in assignments of mortgage; bank...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 19, 2020

Carlton Fields on 6/26/2020

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

Real Property, Financial Services, & Title Insurance Update: Week Ending May 8, 2020

Carlton Fields on 5/20/2020

Real Property Update - Foreclosure: Trial court erred in granting summary final judgment of foreclosure as lender failed to properly prove amounts due by competent substantial evidence - CDC Capital Invs., LLC v. Bayview...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 3, 2020

Carlton Fields on 4/15/2020

Real Property Update - Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more

Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

Carlton Fields on 5/9/2017

REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...more

Real Property & Title Insurance Update: Week Ending March 31 & April 7, 2017

Carlton Fields on 4/12/2017

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

Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017

Carlton Fields on 3/21/2017

REAL PROPERTY UPDATE - Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more

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

Carlton Fields on 3/9/2016

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

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

Carlton Fields on 6/3/2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending December 12-26, 2014 & January 2, 2015

Carlton Fields on 1/6/2015

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

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 28 & December 5, 2014

Carlton Fields on 12/9/2014

REAL PROPERTY UPDATE - Contract Interpretation: trial court erred by interpreting declaration in way that rendered provisions meaningless – Bethany Trace Owners’ Association, Inc. v Whispering Lakes I, LLC, et al., No....more

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 14 & 21, 2014

Carlton Fields on 11/25/2014

REAL PROPERTY UPDATE - - Harris Act/Inverse Condemnation: dismissal was (1) improper as to landowners’ Harris Act claim because amendments to County’s land use plan were applied specifically to landowners’ property by...more

7th Circuit Dusts off the Erie Crystal Ball on Title Insurance Defense

Foley & Lardner LLP on 11/20/2014

Lawyers generally enjoy prognosticating future developments in the law. Under the Erie doctrine, federal judges have a legitimate need to engage in this pastime. Recently, in Philadelphia Indemnity Ins. Co. v. Chicago Title...more

Real Property, Financial Services & Title Insurance Update: September 2014 #2

Carlton Fields on 9/23/2014

REAL PROPERTY UPDATE - - Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 15, 2013

Carlton Fields on 10/15/2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - - Foreclosure: promissory notes self-authenticating and signatures thereto presumed authentic and authorized absent evidence of forgery or lack of authorization - Bennett v....more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending September 13, 2013

Carlton Fields on 9/17/2013

I. FLORIDA STATE CASES – JOURDAN HAYNES - Foreclosure: summary judgment precluded where borrowers pled legally sufficient defense that was not factually refuted by lender – Seale v. Regions Bank, No. 4D12-3869 (Fla....more

Appellate Notes: Week of March 25

Pullman & Comley, LLC on 3/28/2013

In This Issue: - SC18915- Misiti, LLC v. Travelers Property Casualty Co. of America - SC18840- New England Road, Inc. v. Planning & Zoning Commission - SC18804- Cordero v. University of Connecticut...more

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Foreclosure › Duty to Defend

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