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/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: 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
REAL PROPERTY UPDATE -
Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more
6/16/2015
/ Attorney's Fees ,
Contractors ,
Eminent Domain ,
Equitable Easements ,
Equitable Lien ,
First American Title Insurance Co. ,
FL Supreme Court ,
Foreclosure ,
HSBC ,
Liens ,
Loan Servicer ,
Real Estate Market ,
Statute of Limitations ,
Title Insurance ,
Trespass
Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more
4/29/2015
/ Attorney's Fees ,
Class Action ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Discovery ,
Equitable Lien ,
FCCPA ,
Foreclosure ,
Liens ,
Statute of Limitations ,
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
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
Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more
7/22/2014
/ Attorney's Fees ,
Disclosure ,
Easements ,
Exclusions ,
Foreclosure ,
Jurisdiction ,
Litigation Fees & Costs ,
Mortgage Fraud ,
Policy Exclusions ,
Riparian Rights ,
Subrogation ,
Title Insurance
Foreclosure: reservation of jurisdiction in final judgment to determine amount of attorneys’ fees renders that portion of judgment non-final and non-appealable – BAC Home Loans Servicing LP v. Ridgway, No. 1D13-3853 (Fla. 1st...more