REAL PROPERTY UPDATE -
- Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more
12/19/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Comenity Bank ,
Covenant of Good Faith and Fair Dealing ,
Debt Collection ,
Deutsche Bank ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
FDUTPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
TCPA ,
Title Insurance ,
Truth in Lending Act (TILA)
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE -
Foreclosure: witness may testify as to business records of another company so long as that witness can lay proper foundation of personal knowledge...more
10/30/2017
/ Banking Sector ,
Condominiums ,
Consumer Financial Products ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Misrepresentation ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Real Estate Market ,
Tax Liens ,
Title Insurance ,
Venue ,
Wells Fargo
REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE -
Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more
10/18/2017
/ Action to Quiet Title ,
Ad Valorem Tax ,
Attorney's Fees ,
Banking Sector ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Debt Collection ,
Deficiency Judgments ,
Disclosure Requirements ,
Dismissals ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Foreclosure Sales ,
GMAC ,
Mortgage Lenders ,
Mortgages ,
Nationstar ,
Res Judicata ,
Trespass ,
Truth in Lending Act (TILA) ,
Unlawful Detainer ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more
9/20/2017
/ Arbitration ,
Banking Sector ,
Class Action ,
Fidelity National Title Insurance Company ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Professional Liability ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: note owner had constructive possession of promissory note in original servicer’s physically possession of blank-endorsed note when it filed the complaint, and had standing to...more
7/26/2017
/ Banking Sector ,
Citigroup ,
Consumer Financial Protection Bureau (CFPB) ,
Expert Testimony ,
First American Title Insurance Co. ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Mortgage Lenders ,
Mortgages ,
Quicken Loans ,
Res Judicata ,
RESPA ,
Standing ,
Statute of Limitations ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE-
Takings/Declaratory Relief: plaintiff’s request for a declaration that its further pursuit of a zoning application was futile was not a proper claim for declaratory relief – GolfRock, LLC v. Lee...more
7/14/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
Real Property Update -
Foreclosure/Standing/Lost Note: if plaintiff did not have right to enforce note when lost, plaintiff should present evidence of assignment from payee to plaintiff or affidavit of ownership - ...more
6/2/2017
/ Adverse Possession ,
Article III ,
Banking Sector ,
Breach of Contract ,
Breach of Warranty ,
Condition Precedent ,
Consumer Financial Products ,
Due Process ,
Financial Institutions ,
Foreclosure ,
Fraudulent Transfers ,
Homeowners Association (HOA) ,
Homestead Exemption ,
Indemnification ,
Insurance Industry ,
Lis Pendens ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Nationstar ,
Standing ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Deficiency Judgment: where a foreclosing bank acquires in rem jurisdiction via service by publication in underlying foreclosure action, bank may still seek personal service over an...more
4/12/2017
/ Acceleration ,
Banking Sector ,
Cause of Action Accrual ,
Closing Documents ,
Double Recovery ,
Duty to Defend ,
FDIC ,
Financial Institutions ,
First American Title Insurance Co. ,
Foreclosure ,
In Rem Jurisdiction ,
Insurance Industry ,
JPMorgan Chase ,
Lis Pendens ,
Mortgage Lenders ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Condition Precedent: servicer did not meet its burden of proving it satisfied condition precedent of giving notice of acceleration by failing to provide evidence that notice letter had...more
3/29/2017
/ Article III ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Citibank ,
Condition Precedent ,
Constructive Trusts ,
Deutsche Bank ,
Equitable Subrogation ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Standing ,
Tax Liens ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure: where foreclosing bank, who purchased debt from original mortgagee, failed to establish standing to enforce lost note “through evidence of a valid assignment, proof of purchase of the...more
2/15/2017
/ Appeals ,
Article III ,
Banking Sector ,
Consumer Lenders ,
Financial Institutions ,
Financial Services Industry ,
Foreclosure ,
Full Credit Bid ,
Insurance Industry ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Removal ,
Standing ,
Summary Judgment ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE:
Foreclosure/Sufficiency of Notice: although lender’s notice of default did not expressly state that property could be sold in foreclosure, it substantially complied with notice provision (paragraph...more
2/10/2017
/ Article III ,
Banking Sector ,
Consumer Lenders ,
Damages ,
Foreclosure ,
Insurance Industry ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Promissory Notes ,
Real Estate Market ,
Standing ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Vacating Judgment: estate failed to either allege or prove any basis under Rule 1.540 to vacate final judgment of foreclosure to which it had consented – The Bank of N.Y. Mellon v....more
1/26/2017
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Document Preservation Notices ,
Financial Institutions ,
Foreclosure ,
Fraud ,
Mortgage Lenders ,
Mortgages ,
Real Estate Market ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure: where a valid mortgage properly encumbers the subject property, an incorrect deed and a reformation of deed count are not fatal to a foreclosure action - Heartwood 2, LLC v. Dori, Case...more
1/19/2017
/ Affirmative Defenses ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Financial Institutions ,
Foreclosure ,
Insurance Industry ,
Misappropriation ,
Mortgage Lenders ,
Mortgages ,
Policy Exclusions ,
Real Estate Market ,
Title Insurance
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 -
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
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:
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/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 -
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/Documentary Stamp Tax: deferred interest on a “pick-a-payment” mortgage did not amount to future advance, which would have required payment of documentary stamp tax - Steinberg v. Wells...more
10/27/2015
/ Attorney Malpractice ,
Bank of America ,
Borrowers ,
Consumer Bankruptcy ,
Consumer Lenders ,
Debtors ,
Documentary Stamp Tax ,
Equitable Subrogation ,
Escrow Accounts ,
Fidelity National Title Insurance Company ,
Financial Institutions ,
Foreclosure ,
Homeowners ,
Insurance Industry ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Summary Judgment ,
Title Insurance ,
Wells Fargo
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