Latest Publications

Share:

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 20, 2017

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

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

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

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

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

Real Property & Title Insurance Update: Week Ending September 1, 2017

REAL PROPERTY UPDATE - Foreclosure / Statute of Limitations: trial court improperly found that, because payments due under a note and mortgage were accelerated in a prior 2009 action, the second action filed over five...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of August 13, 2017

Deposition Conduct - Use this against improper coaching by an opponent. IPS Group, Inc. v. Duncan Solutions, Inc., 2017 WL 3457141 (S.D. Cal. Aug. 11, 2017) (Counsel admonished for improperly using "calls for a legal...more

Real Property & Title Insurance Update: Week Ending August 18 & 25, 2017

Foreclosure: general reservation of jurisdiction in a foreclosure judgment is very limited, and certainly does not give trial court jurisdiction to eliminate a lien more than three years after Final Judgment of Foreclosure...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 31, 2017

Use this when the other side tries to dig up dirt on your expert. Collett v. GEICO Cas. Co., 2017 WL 3336614 (E.D. La. Aug. 3, 2017) (denying motion to compel expert witness to testify about fraud allegations that had been...more

Real Property & Title Insurance Update: Week Ending August 11, 2017

REAL PROPERTY UPDATE - Foreclosure/Short Sale/Statute of Limitations: Florida Statute section 95.11(5)(h)’s one year statute of limitations period does not apply to bar Bank’s cause of action for deficiency judgment arising...more

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

Real Property & Title Insurance Update: Week Ending July 14 & 21, 2017

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

Are the Bad Old Days of Blind Stonewalling in Discovery Finally Coming to a Close?

When I started as a litigator in 2001, a technique I call “blind stonewalling” ruled discovery practice everywhere from BigLaw to the smallest boutiques. But the slow evolution of the Federal Rules of Civil Procedure (FRCP),...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

Florida’s First District Court of Appeal Should Abandon the Standing at Inception Rule in Mortgage Foreclosure Cases

Florida’s First District Court of Appeal, in Rigby v. Bank of New York Mellon, Case No. 1D16-0665, appears to be considering receding from the “standing at inception” doctrine in the mortgage foreclosure context. That rule...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Real Property & Title Insurance Update: Week Ending July 7, 2017

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

Cybersecurity and Privacy Policy as a Board of Directors Issue

Cybersecurity and privacy of customer information have become such a critical issues that in-house counsel should treat them as board of directors-level issues. In-house counsel should do that with presentations for their...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Defalcation is a Dirty Word, But Not the End of the World

The word “defalcation” remains one of the more frightening terms in the title insurers’ lexicon. But with the proper training, preparation, and response, defalcations can be managed, and the title insurers’ exposure...more

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

Will 2015 Be The Year of the Data Breach Class Action?: Target Data Breach Claims Survive Motions to Dismiss

Various media outlets dubbed 2014 “the Year of the Data Breach.” Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action...more

Aggressive Regulators and the Plaintiffs’ Lawyers Who Follow Them

As soon as a putative class action complaint hits the clerk’s office alleging a new theory of liability, plaintiffs’ lawyers rush to sign up potential class representatives and file copycat suits in as many jurisdictions as...more

In for One, and Only One – Title Insurers’ Limited Duty to Defend

If you’ve read an insurance coverage case, you’ve probably heard the phrase "in for one, in for all." Sometimes referred to as the "complete defense rule," this old saw is used to force liability insurers to defend their...more

10/1/2014  /  Duty to Defend , Title Insurance
31 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.