News & Analysis as of

Wells Fargo Florida

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 5, 2019

Carlton Fields on

Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

Carlton Fields

Real Property & Title Insurance Update: Week Ending January 6, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure – Involuntary Dismissal: although lender’s witnesses failed to explain lender’s loan payment history statement, the statement reflected the principal amount due and had been admitted...more

Carlton Fields

Insurable Interest Found in Life Insurance Policies Procured by Investors Through Fraudulent STOLI Scheme

Carlton Fields on

The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida’s insurable interest statute and could not be challenged after the two-year...more

Locke Lord LLP

Florida Supreme Court Advises the Eleventh Circuit that A STOLI Policy Cannot Be Rescinded After the Contestability Period

Locke Lord LLP on

The U.S. Eleventh Circuit Court of Appeals certified 2 questions under Florida law to the Florida Supreme Court relating to 3 STOLI life insurance policies. The Florida Supreme Court rephrased (and conflated) the 2 questions...more

Orrick, Herrington & Sutcliffe LLP

Florida Supreme Court Holds that STOLI Challenges are Barred by Two-Year Contestability Clause

On September 22, 2016, the Florida Supreme Court issued an eagerly-awaited opinion in Wells Fargo Bank, N.A. v. Pruco Life Insurance Co. The Court held that Florida's two-year contestability statute applies to bar an...more

Burr & Forman

Second DCA Supports Constructive Possession to Show Standing but Requires Proof of Agency Relationship

Burr & Forman on

In a recent opinion, the Second District Court of Appeal explained its approval of agency relationship to establish that a plaintiff is entitled to foreclose as “holder” of the original note under Florida Statute Section...more

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