News & Analysis as of September 21, 2024

Title Insurance

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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 November 12, 2021

Carlton Fields on 12/7/2021

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, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on 5/2/2019

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

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

Carlton Fields on 12/15/2016

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

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 26 & July 3, 2015

Carlton Fields on 7/7/2015

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

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

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

Real Property, Financial Services & Title Insurance Case Law Update

Carlton Fields on 4/29/2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - - Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending March 14 & March 21, 2014

Carlton Fields on 3/26/2014

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

Weeks Ending July 5 & 12, 2013

Carlton Fields on 7/15/2013

I. FLORIDA STATE CASES - JOURDAN HAYNES - Insurance/Ambiguity: insurance policy ambiguity must be construed against insurer and in favor of coverage without resort to consideration of extrinsic evidence – Washington...more

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