REAL PROPERTY UPDATE -
Foreclosure/Standing: because plaintiff was not original lender, plaintiff failed to prove standing to foreclose on mortgage loan where plaintiff failed to submit note with blank or special...more
REAL PROPERTY UPDATE -
Foreclosure/Priority: bank entitled to relief from judgment where junior lienholder foreclosed on subject property and Court ordered sale of property free and clear of all claims by bank – Bank of...more
REAL PROPERTY UPDATE -
- Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more
10/20/2015
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Breach of Contract ,
Compliance ,
Condominiums ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Department of Transportation (DOT) ,
Eminent Domain ,
Estate Claims ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners ,
Insurance Industry ,
JPMorgan Chase ,
Kickbacks ,
Mortgages ,
Referral Fees ,
Residential Real Estate Market ,
RESPA ,
Service Agreements ,
Standing ,
Statute of Limitations ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
In This Issue:
IN THE SPOTLIGHT -
- Your Data Breach Collided With My Personal Injury Coverage
LIFE INSURANCE -
- Phantom Injury Dooms “Shadow Insurance” Case
- Latest NAIC Cybersecurity News...more
10/8/2015
/ Administrative Law Judge (ALJ) ,
AIG ,
Auto Body Shop ,
Bailout ,
Banking Sector ,
Banks ,
Big Data ,
Breach Notification Rule ,
Class Action ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
CT Supreme Court ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Labor (DOL) ,
Derivative Suit ,
Disclosure Requirements ,
Disparate Impact ,
EB-5 ,
Fair Housing Act (FHA) ,
FFIEC ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
Healthcare ,
Insurance Industry ,
King v Burwell ,
Life Insurance ,
Mortgage Servicers ,
Mutual Funds ,
NAIC ,
Online Advertisements ,
Ransomware ,
Reassigned Phone Numbers ,
Regulation A ,
RI Supreme Court ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standing ,
TCPA ,
Telecommunications ,
Treble Damages ,
Whistleblowers
REAL PROPERTY UPDATE -
- Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of...more
10/8/2015
/ Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Inverse Condemnation ,
Mortgages ,
Motion To Intervene ,
Prejudice ,
Residential Real Estate Market ,
Standing ,
Statute of Limitations ,
Takings Clause ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was...more
REAL PROPERTY UPDATE -
Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more
9/16/2015
/ Adverse Possession ,
Banking Sector ,
Banks ,
Citibank ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Insurance Industry ,
Land Titles ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Real Estate Market ,
Restrictive Covenants ,
Standing ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more
9/9/2015
/ Banking Sector ,
Banks ,
Construction Industry ,
Consumer Lenders ,
Deficiency Judgments ,
Dismissal With Prejudice ,
Duty of Care ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Final Judgment ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
GMAC ,
Insurance Industry ,
Mechanics Lien ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Motion To Intervene ,
Old Republic Title ,
Ratification ,
Real Estate Market ,
Recusal ,
Standing ,
Title Insurance ,
Wells Fargo
Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more
9/3/2015
/ Bank of America ,
Captive Insurance Company ,
Class Action ,
Delinquent Borrowers ,
Deutsche Bank ,
Fair Market Value ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Homeowners Association (HOA) ,
Insurance Industry ,
JPMorgan Chase ,
Jurisdiction ,
Loan Modifications ,
Mortgage Escrow Account ,
Mortgage Lenders ,
Mortgages ,
Prejudice ,
Property Owners ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Washington Mutual
Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more
8/11/2015
/ Banking Sector ,
Banks ,
Borrowers ,
Breach of Duty ,
Compliance ,
Consumer Lenders ,
Easements ,
Escrow Accounts ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
HOEPA ,
HUD ,
Insurance Industry ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Real Estate Market ,
Standing ,
Third-Party Beneficiaries ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more
7/28/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Class Action ,
Condominiums ,
Deeds ,
Eviction ,
Financial Institutions ,
Foreclosure ,
HSBC ,
Inequitable Conduct ,
Insurance Industry ,
Jurisdiction ,
Mortgages ,
Petition for Partition ,
Promissory Notes ,
Real Estate Market ,
Reverse Mortgages ,
Standing ,
Title Insurance ,
US Bank
REAL PROPERTY UPDATE -
Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more
7/7/2015
/ Attorney-Client Privilege ,
Bank of America ,
Condominium Associations ,
Deutsche Bank ,
Diminution in Value ,
First American Title Insurance Co. ,
Foreclosure ,
JPMorgan Chase ,
Landlords ,
Mortgages ,
Real Estate Market ,
Rent ,
Standing ,
Tenants ,
Title Insurance
REAL PROPERTY UPDATE:
Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more
6/24/2015
/ Breach of Duty ,
Deutsche Bank ,
Escrow Accounts ,
FDIC ,
Fidelity National Title Insurance Company ,
Fiduciary Duty ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
Good Faith ,
Insurance Industry ,
Land Titles ,
Mortgage Lenders ,
Mortgages ,
Old Republic Title ,
Real Estate Market ,
Reinsurance ,
Short Sales ,
Standing ,
Title Insurance ,
Wachovia
REAL PROPERTY UPDATE -
State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more
Foreclosure: trial court abused its discretion in dismissing foreclosure action with prejudice, cancelling substantial debt, and denying lender ability to refile a foreclosure action without making finding of facts as...more
5/13/2015
/ Bank of America ,
Bank of New York (BNY) Mellon ,
Business Records ,
Countrywide ,
Deficiency Judgments ,
Equitable Lien ,
Foreclosure ,
GMAC ,
HSBC ,
Lis Pendens ,
Mortgages ,
Promissory Fraud ,
Promissory Notes ,
Remand ,
Res Judicata ,
Residential Property Owners ,
Standing ,
Uniform Commercial Code (UCC)
REAL PROPERTY UPDATE -
Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more
REAL PROPERTY UPDATE -
Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more
REAL PROPERTY UPDATE -
Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more
1/28/2015
/ Commercial Leases ,
Commercial Property Owners ,
Cotenancy Provisions ,
Due Process ,
Escrow Accounts ,
Foreclosure ,
Insurance Litigation ,
Loss of Use ,
Motion to Vacate ,
Property Insurance ,
Retail Market ,
Retailers ,
Standing ,
Statute of Limitations ,
Subrogation ,
Tenants ,
Title Insurance
REAL PROPERTY UPDATE -
- Quiet Title: investor who pooled money with two other entities to purchase property could not quiet title after the two entities recorded second version of deed that omitted investor’s name...more
1/6/2015
/ Action to Quiet Title ,
Appraisal ,
Bad Faith ,
Banks ,
Deeds ,
Disclosure Requirements ,
Duty to Defend ,
Foreclosure ,
Negligence ,
Prejudgment Interest ,
Property Insurance ,
Real Estate Investments ,
Real Estate Market ,
Recording Requirements ,
Right of Access ,
Standing ,
Title Insurance
REAL PROPERTY UPDATE -
- Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more
11/14/2014
/ Accelerated Payments ,
Attorney's Fees ,
Business Records ,
Commercial Property Owners ,
Foreclosure ,
HOEPA ,
Medical Devices ,
Retailers ,
Right To Cure ,
Specific Performance ,
Standing ,
Target ,
Title Insurance
REAL PROPERTY UPDATE -
- Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more
9/23/2014
/ Action to Quiet Title ,
Appraisal ,
Duty to Defend ,
Economic Loss Doctrine ,
Email ,
Evidence ,
Foreclosure ,
Mechanics Lien ,
Real Estate Transfers ,
Release Agreements ,
Scope of Coverage ,
Service of Process ,
Standing ,
Subject Matter Jurisdiction ,
Written Notice
REAL PROPERTY UPDATE -
- Foreclosure/Standing: to establish a prima facie case for mortgage foreclosure, successor mortgagor must introduce evidence it was in possession of original note with blank endorsement at time...more
former marital home entitled to homestead exemption under article X, section 4 of Florida Constitution because (1) decedent and former wife still owned home as tenants in common at time of his death; (2) decedent’s sons, whom...more
Conditions Precedent: summary judgment precluded by disputed issues of fact as to extent insured parties sufficiently complied with provisions of homeowners’ insurance policy – Solano v. State Farm Florida Insurance Co., No....more
I. FLORIDA STATE CASES – SARA WITMEYER
- Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more