News & Analysis as of

Title Insurance Fair Credit Reporting Act (FCRA)

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 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 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 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 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 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 17, 2021

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Financial Services Update - RESPA / Qualified Written Requests: Loan servicer did not violate RESPA by acknowledging receipt of a qualified written request one day after RESPA deadline because plaintiffs suffered no...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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 30, 2021

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Real Property Update - Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 26, 2021

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Real Property Update - Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A....more

Carlton Fields

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

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Financial Services Update - FCRA: Charged off account appearing on credit report was not a factual inaccuracy, but a legal dispute, and could not sustain cause of action under FCRA – Erenthal v. Experian Info. Sols., Inc.,...more

Carlton Fields

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

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Real Property Update - Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more

Carlton Fields

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

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Real Property Update - Foreclosure / Standing: Trial court erred in entering final judgment in favor of third-party purchaser where third-party purchaser participated in the foreclosure action as if he were a party to the...more

Carlton Fields

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

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 27, 2020

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Financial Services Update - TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 20, 2020

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Real Property Update - Inverse Condemnation: conditions placed by FDOT on the issuance of a drainage connection permit constituted a land use exaction requiring a factual determination as to whether the drainage...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 13, 2020

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Real Property Update - Foreclosure / Standing: affirming payment order entered pursuant to section 702.10(2), Florida Statutes, against a subsequent purchaser in favor of US Bank as the application of the statute was not...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 30, 2020

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Financial Services Update - TILA / Definition of Creditor: entity that arranges for the extension of credit is not a “creditor” under TILA – Rosolen v. Home Performance Alliance, Inc., No. 19-cv-00024-JLB-NPM (M.D. Fla....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 23, 2020

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Financial Services Update - FCRA: borrower failed to state claim for violation of FCRA based upon alleged fraud/forgery of underlying loan document, which was a legal defense to foreclosure action and not a factual...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending August 21, 2020

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Real Property Update - Foreclosure Sale / Challenge: borrower failed to meet his burden of establishing that gross inadequacy of foreclosure bid price resulted from "mistake, fraud or other irregularity" in the sale -...more

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