Real Property Update-
Landlord-Tenant: rider to a lease, containing clear and unambiguous language, controlled over the terms in the lease and limited the increase in the operating expenses charged to the tenant by the...more
7/25/2019
/ Banks ,
FDCPA ,
Fifth Third Mortgage Company ,
Financial Services Industry ,
Foreclosure ,
Lease Term ,
Mortgages ,
RESPA ,
Reverse Mortgages ,
Statute of Limitations ,
Truth in Lending Act (TILA)
Real Property Update -
Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more
3/20/2019
/ Assignments ,
Banks ,
Debt Collection ,
Deutsche Bank ,
Disclosure Requirements ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
Insurance Litigation ,
Mortgages ,
Negligence ,
Notice of Default ,
Res Judicata ,
TCPA ,
Telemarketing ,
Title Examination ,
Title Insurance
REAL PROPERTY UPDATE -
Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more
2/3/2017
/ Administrative Review Board ,
Appeals ,
Bank of America ,
Banking Sector ,
Banks ,
Claim Preclusion ,
Collateral Estoppel ,
Deficiency Notices ,
Eminent Domain ,
Fidelity National Title Insurance Company ,
Final Judgment ,
First American Title Insurance Co. ,
Florida ,
Foreclosure ,
Lauderdale-by-the-Sea ,
Lis Pendens ,
Mortgages ,
Real Estate Market ,
Statute of Limitations ,
Title Insurance
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:
Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more
11/3/2016
/ Attorney's Fees ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Condominiums ,
Deutsche Bank ,
Foreclosure ,
Intervenors ,
JPMorgan Chase ,
Mortgages ,
Motion for Leave ,
Notice of Default ,
Real Estate Market ,
Service of Process ,
Standing ,
Subject Matter Jurisdiction ,
Summary Judgment
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:
- Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more
8/31/2016
/ Affirmative Defenses ,
Article III ,
Bank of America ,
Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Condominiums ,
Deficiency Judgments ,
Foreclosure ,
Insurance Industry ,
JPMorgan Chase ,
Liens ,
Lis Pendens ,
Mortgages ,
Personal Jurisdiction ,
Real Estate Market ,
Special Damages ,
Standing ,
Statute of Limitations ,
Title Insurance ,
Wells Fargo
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 -
- 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 -
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: 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 -
- 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