REAL PROPERTY UPDATE -
Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more
11/18/2016
/ Arbitration ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Constitutional Challenges ,
Consumer Lenders ,
Diversity Jurisdiction ,
Economic Loss Doctrine ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Motion to Vacate ,
Punitive Damages ,
Real Estate Market ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Voluntary Dismissals
REAL PROPERTY UPDATE:
Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more
11/3/2016
/ Attorney's Fees ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Condominiums ,
Deutsche Bank ,
Foreclosure ,
Intervenors ,
JPMorgan Chase ,
Mortgages ,
Motion for Leave ,
Notice of Default ,
Real Estate Market ,
Service of Process ,
Standing ,
Subject Matter Jurisdiction ,
Summary Judgment
REAL PROPERTY UPDATE -
Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure...more
10/19/2016
/ Bank of America ,
Banking Sector ,
Banks ,
Deutsche Bank ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Old Republic Title ,
Real Estate Market ,
Regulation X ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association ,
Vacated
Foreclosure: debtor that agreed to “surrender” property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor’s foreclosure action...more
10/13/2016
/ Article III ,
Attorney's Fees ,
Citibank ,
Condominiums ,
Consumer Bankruptcy ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Real Estate Market ,
Safe Harbors ,
Standing ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE -
Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more
10/3/2016
/ Bad Faith ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Business Records ,
Damages ,
Deutsche Bank ,
Disclosure Requirements ,
Due Process ,
Fidelity National Title Insurance Company ,
First American Title Insurance Co. ,
Foreclosure ,
Hearsay ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Motion to Amend ,
Notice of Default ,
Old Republic Title ,
Real Estate Development ,
Real Estate Market ,
Reverse Mortgages ,
Right of Access ,
Standing ,
Statute of Limitations ,
Statutory Liens ,
Subdivision ,
Summary Judgment ,
Takings Clause ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE:
Foreclosure/Standing: where copy of note attached to foreclosure complaint contained no endorsement and original note presented at trial had endorsement in favor of plaintiff, plaintiff required to...more
9/15/2016
/ Attorney's Fees ,
Banking Sector ,
Banks ,
Breach of Contract ,
Dismissal With Prejudice ,
Dismissals ,
Ejectment ,
Endorsements ,
Fidelity National Title Insurance Company ,
First American Title Insurance Co. ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Negligence ,
Real Estate Market ,
Standing ,
Title Insurance ,
Unjust Enrichment
Real Property Update:
- Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more
8/31/2016
/ Affirmative Defenses ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Condominiums ,
Deficiency Judgments ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Liens ,
Lis Pendens ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
Special Damages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE:
Jurisdiction/Deficiency Judgment: Second DCA agrees with Third DCA that “a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when the plaintiff had...more
8/17/2016
/ Article III ,
Banking Sector ,
Deficiency Judgments ,
Escrow Accounts ,
Foreclosure ,
Insurance Industry ,
Judgment Liens ,
Jurisdiction ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Residential Real Estate Market ,
Standing ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE -
Foreclosure/Discovery: Good cause not found to enter protective order preventing owner of property, subject to foreclosure, from deposing bank’s only witness on basis that owner of property was not...more
8/12/2016
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Discovery ,
Escrow Accounts ,
Foreclosure ,
Insurable Interests ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Motions to Quash ,
Notice of Default ,
Real Estate Market ,
Service of Process ,
Standing ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Automatic Stay: because final judgment entered day after defendant’s petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even...more
8/3/2016
/ Attorney's Fees ,
Automatic Stay ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Consumer Bankruptcy ,
Damages ,
Foreclosure ,
Foreclosure Sales ,
JPMorgan Chase ,
Mortgages ,
Notice of Default ,
Real Estate Market ,
Right of Access ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more
7/21/2016
/ Bank of America ,
Banking Sector ,
Banks ,
Breach of Contract ,
Deficiency Judgments ,
Denial of Insurance Coverage ,
Eviction ,
Foreclosure ,
Full Credit Bid ,
Illegal Contracts ,
Insurance Industry ,
Jurisdiction ,
Lienholders ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Motions to Quash ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
Unclean Hands ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more
7/11/2016
/ Bad Faith ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Closing Protection Letters ,
Deficiency Judgments ,
Economic Loss Doctrine ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Fraud ,
Insurance Industry ,
Leave to Amend ,
Liens ,
Lis Pendens ,
Mortgage Fraud ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Prejudgment Interest ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more
6/22/2016
/ Attorney's Fees ,
Banking Sector ,
Deficiency Judgments ,
Equitable Subrogation ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Hearsay ,
HSBC ,
Insurance Industry ,
JPMorgan Chase ,
Loan Modifications ,
Mortgage Servicers ,
Mortgages ,
Notice of Default ,
Post-Judgment Interest ,
Real Estate Market ,
RJ Reynolds ,
Standing ,
Subrogation ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more
6/8/2016
/ Bank of America ,
Bank of New York (BNY) Mellon ,
Class Action ,
Consumer Bankruptcy ,
Deutsche Bank ,
Discovery ,
Equitable Subrogation ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Negligence ,
Real Estate Market ,
Sanctions ,
Short Sales ,
Standing ,
Stays ,
Title Insurance ,
US Bank National Association ,
Vicarious Liability ,
Wachovia ,
Wells Fargo
REAL PROPERTY UPDATE -
Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more
5/26/2016
/ Arbitration ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Consumer Bankruptcy ,
Countrywide ,
Credit Suisse ,
Deutsche Bank ,
Discovery ,
Fidelity National Title Insurance Company ,
Fifth Third Mortgage Company ,
Foreclosure ,
Hearsay ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Negligence ,
Notice of Default ,
Personal Liability ,
Real Estate Market ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more
5/11/2016
/ Attorney's Fees ,
Bank of America ,
Condominiums ,
Consumer Lenders ,
Deutsche Bank ,
Equitable Lien ,
Financial Institutions ,
Foreclosure ,
Homestead Exemption ,
HSBC ,
Insurance Industry ,
Landlords ,
Mortgage Lenders ,
Mortgages ,
Notice of Default ,
Old Republic Title ,
Property Insurance ,
Real Estate Market ,
Release Agreements ,
Settlement Agreements ,
Standing ,
Tenants ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Standing: original allonge is part of original note and must be filed to prove standing; assignment of mortgage that did not assign note insufficient to establish standing to...more
REAL PROPERTY UPDATE -
- Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more
4/12/2016
/ Department of Transportation (DOT) ,
First American Title Insurance Co. ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Jury Instructions ,
Mortgages ,
Railroads ,
Reformation ,
Residential Real Estate Market ,
Sovereign Immunity ,
Standing ,
Statute of Limitations ,
Subrogation ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more
4/6/2016
/ Anti-SLAPP ,
Business Records ,
Condominium Associations ,
Dismissals ,
Evidence ,
Foreclosure ,
HUD ,
Malicious Prosecution ,
Mortgages ,
Negligent Misrepresentation ,
PNC ,
Standing ,
Summary Judgment ,
Title Insurance
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
3/24/2016
/ Article III ,
Attorney's Fees ,
Banking Sector ,
Deeds ,
Deficiency Judgments ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Homestead Exemption ,
JPMorgan Chase ,
Mortgages ,
Residential Real Estate Market ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
- Foreclosure/Reverse Mortgage: lender not entitled to accelerate debt on reverse mortgage after death of borrower where surviving spouse not designated a borrower on note, but designated a...more
REAL PROPERTY UPDATE -
- Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more
2/24/2016
/ Attorney's Fees ,
Bad Faith ,
Bank of New York (BNY) Mellon ,
Discovery ,
Fidelity National Title Insurance Company ,
Foreclosure ,
HSBC ,
Notice of Default ,
Service of Process ,
Standing ,
Title Insurance ,
Wells Fargo
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
REAL PROPERTY UPDATE -
Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage...more
REAL PROPERTY UPDATE -
Statutory Easement/Attorney’s Fees: appellants that were granted a statutory easement by way of necessity were not entitled to attorney’s fees pursuant to Florida Statutes, Section 704.04 because...more