News & Analysis as of

Title Insurance Homestead Exemption

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

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Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 8, 2019

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Real Property Update - Homestead: injunction for municipal violations, which prevented a spouse from returning to the property, did not destroy or "abandon" homestead protections (preventing one spouse from selling the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

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Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 19 & 26, 2017

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Real Property Update - Foreclosure/Standing/Lost Note: if plaintiff did not have right to enforce note when lost, plaintiff should present evidence of assignment from payee to plaintiff or affidavit of ownership - ...more

Carlton Fields

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

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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

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

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REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

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Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 30 & November 6, 2015

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REAL PROPERTY UPDATE - Eminent Domain: property owners forced to defend against excessive litigation caused by condemning authority entitled to attorneys’ fees: (1) for hours defending excessive litigation, fees should...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending February 27, 2015

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Foreclosure/Statute of Limitations: filing date of amended complaint for purposes of statute of limitations relates back to filing date of original complaint – HSBC Bank USA, National Association as Trustee for Nomura Asset...more

Carlton Fields

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

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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

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