REAL PROPERTY UPDATE -
- Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more
3/30/2016
/ Ad Valorem Tax ,
Deutsche Bank ,
E&O Insurance ,
Fidelity National Title Insurance Company ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgages ,
Property Tax ,
Residential Real Estate Market ,
Statute of Limitations ,
Title Insurance
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
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
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
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
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
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
REAL PROPERTY UPDATE -
Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....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