News & Analysis as of

Foreclosure › Title Insurance

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... more +
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 -
Freiberger Haber LLP

Pleading Reasonable Reliance Is “Always Nettlesome”

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By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” question of whether a plaintiff claiming...more

Whitman Legal Solutions, LLC

Real Estate Due Diligence - Property Liens

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A Baltimore Homeowner’s Saga - Baltimore Resident and single mother Deanna Woodward paid off her mortgage 18 years ago. After that, she paid her real estate taxes. So, imagine her surprise when she recently learned that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

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Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 22, 2022

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Real Property Update - Foreclosure / Unclean Hands: Trial court erred by applying the unclean hands doctrine to bar foreclosure because there was no support for the application of this doctrine where there was no...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 15, 2022

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Real Property Update - Restraint on Alienation: Option clause in declaration, giving 814 Property a first option to purchase condominium unit, was an unreasonable restraint on alienation – 814 Prop. Holdings, LLC v. New...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 8, 2022

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Real Property Update- Foreclosure / Fee Judgment / Appellate Jurisdiction: On the facts presented, appellate court had jurisdiction to address whether litigant who obtained the fee judgment against Nationstar was a proper...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending July 1, 2022

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Real Property Update - Sale Contract / Force Majeure: Force majeure clause in parties’ vacant land sale contract did not apply to matters, like a planned unit development application, which was within buyer’s control –...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 17, 2022

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Real Property Update - Foreclosure / Mobile Home: 21st Mortgage’s unperfected security interest in mobile home — which was a fixture to mortgaged real property — did not survive the real property’s foreclosure by...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 3, 2022

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Real Property Update - Foreclosure / Lost Note: Although evidence presented to establish purported right to enforce lost note was not particularly impressive, there was enough evidence to require court’s rendering of a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 27, 2022

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Real Property Update - Foreclosure / Service of Process: Trial court properly denied the estate’s motion to quash service in a foreclosure lawsuit filed by the bank for the court’s failure to conduct an evidentiary hearing...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 8, 2022

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Real Property Update - Foreclosure / Bankruptcy: Trial court erred in entering final order precluding defendant from raising any defenses in foreclosure action based upon surrender in bankruptcy because (i) debtor only...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 1, 2022

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Real Property Update - Online Marketplace for Lodging / Arbitrability / Delegation to Arbitrator: Company’s terms of service incorporated by reference the AAA rules and clearly and unmistakably evidenced the parties’...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 11, 2022

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Reciprocal Easement: Three operative paragraphs of reciprocal parking easement, and the easement as a whole, unambiguously provided that rights and benefits described were appurtenant and for the benefit of successors to the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 18, 2022

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Foreclosure / Statute of Limitations: Subsequent owner of property, which purchased property at homeowners association's junior lienholder foreclosure, took the property subject to successor mortgagee's ongoing rights, which...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 4, 2022

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Land Use / Vacation Rentals: Petition for a writ of second tier certiorari was denied because there was no violation of a clearly established principle of law resulting in a miscarriage of justice where circuit court affirmed...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 17, 2021

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Real Property Update - Taking Order: Rejecting property owner's argument that the Florida Department of Transportation failed to make a good faith estimate of value required by statute based upon a disagreement between...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 10, 2021

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Real Property Update - UCC / Security Interests: Eleventh Circuit certified to the Florida Supreme Court the following questions: (1) Is the "search of the records of the filing office under the debtor's correct name,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 19, 2021

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Real Property Update - Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 12, 2021

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 29, 2021

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Real Property Update - Foreclosure / Default: Trial court did not abuse discretion in determining that plaintiff’s counsel was not aware of the defaulting party’s intention to defend against foreclosure lawsuit – College...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 22, 2021

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Real Property Update - Foreclosure / Dismissal: Trial court erred in relying on judicially noticed records from a prior foreclosure action in dismissing foreclosure complaint – Bayview Loan Servicing, LLC v. Brown, No....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 1, 2021

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Real Property Update - Foreclosure / Modification Agreement: Lender was entitled to judgment of foreclosure upon proving borrower made three payments before breaching the loan modification agreement – Carus v. VRMTG Asset...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 24, 2021

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Real Property Update - Foreclosure / Section 702.036 / Eviction: Former borrower failed to establish entitlement to stay of writ of possession pending appeal; section 702.036 solely provides for monetary damages against...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 10, 2021

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Real Property Update - Foreclosure / Fees and Costs: Trial court erred by denying borrower attorneys’ fees and costs following involuntary dismissal of foreclosure action based on Florida Supreme Court’s holding in Page v....more

Rivkin Radler LLP

The Title Reporter — Summer 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and...more

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