News & Analysis as of September 26, 2024

Foreclosure › Subrogation

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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 September 20, 2019

Carlton Fields on 10/11/2019

Real Property Update - Foreclosure / Doc Stamps: failure to pay documentary stamp and intangible taxes on increased principal balance under loan modification rendered final foreclosure judgment unenforceable - Schroeder v....more

Real Property & Title Insurance Update: Week Ending February 1, 2019

Carlton Fields on 2/19/2019

Real Property Update - Foreclosure / Surplus Funds: sections 45.032 and 45.033, Florida Statutes, create a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is...more

Real Property & Title Insurance Update: Week Ending July 29, 2016

Carlton Fields on 8/3/2016

REAL PROPERTY UPDATE - Foreclosure/Automatic Stay: because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even...more

Real Property & Title Insurance Update: Weeks Ending June 10 & 17, 2016

Carlton Fields on 6/22/2016

REAL PROPERTY UPDATE - - Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more

Real Property & Title Insurance Update: Week Ending April 8, 2016

Carlton Fields on 4/12/2016

REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

Carlton Fields on 1/28/2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Arizona Supreme Court to Contractor: Sorry But Equitable Subrogation of a Bank’s Later Deed of Trust Trumps Earlier Mechanics’...

Snell & Wilmer on 9/2/2014

The smoke has finally cleared in a hard and long-fought battle between a bank and contractor both claiming priority to foreclose millions of dollars on a Phoenix condominium project. The project, well-known as Summit at...more

Real Property, Financial Services & Title Insurance Update

Carlton Fields on 7/22/2014

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

Real Property, Financial Services & Title Insurance Case Law Update: May 2014 #1

Carlton Fields on 5/14/2014

I. FLORIDA STATE CASES - SARA WITMEYER - - Jurisdiction: where court never entered order authorizing individual to intervene and individual never became party to litigation, court had no personal jurisdiction to...more

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Foreclosure › Subrogation

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