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Real Property, Financial Services, & Title Insurance Update: Week Ending July 22, 2022

Real Property Update - Foreclosure / Unclean Hands: Trial court erred by applying the unclean hands doctrine to bar foreclosure because there was no support for the application of this doctrine where there was no...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 15, 2022

Real Property Update - Restraint on Alienation: Option clause in declaration, giving 814 Property a first option to purchase condominium unit, was an unreasonable restraint on alienation – 814 Prop. Holdings, LLC v. New...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 1, 2022

Real Property Update - Sale Contract / Force Majeure: Force majeure clause in parties’ vacant land sale contract did not apply to matters, like a planned unit development application, which was within buyer’s control –...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 17, 2022

Real Property Update - Foreclosure / Mobile Home: 21st Mortgage’s unperfected security interest in mobile home — which was a fixture to mortgaged real property — did not survive the real property’s foreclosure by...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 10, 2022

Real Property Update - Deed / Automatic Reverter: Deed to municipality was a fee simple conveyance with an automatic reverter clause, and section 95.36’s limitations period was inapplicable to that deed; instead, section...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 3, 2022

Real Property Update - Foreclosure / Lost Note: Although evidence presented to establish purported right to enforce lost note was not particularly impressive, there was enough evidence to require court’s rendering of a...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 20, 2022

Real Property Update - Foreclosure / Doc Stamp Taxes: Trial court did not abuse its discretion in granting motion for involuntary dismissal of action based on section 201.08(1)(b), Florida Statutes, where documentary stamp...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 13, 2022

Real Property Update - Foreclosure / Clerk’s Registry Fees: Clerk was entitled to registry fees paid in connection with a sale that took place, even though sale was subsequently vacated – Lee Cnty. Clerk of Court v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 29, 2022

Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 8, 2022

Real Property Update - Foreclosure / Bankruptcy: Trial court erred in entering final order precluding defendant from raising any defenses in foreclosure action based upon surrender in bankruptcy because (i) debtor only...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 1, 2022

Real Property Update - Online Marketplace for Lodging / Arbitrability / Delegation to Arbitrator: Company’s terms of service incorporated by reference the AAA rules and clearly and unmistakably evidenced the parties’...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 25, 2022

Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 25, 2022

Foreclosure / Post-Judgment Allegations / Intrinsic Fraud: Allegations of fraud asserted by borrower seeking to undo her stipulation to final judgment of foreclosure in prior action were intrinsic, rather than extrinsic, and...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 18, 2022

Foreclosure / Statute of Limitations: Subsequent owner of property, which purchased property at homeowners association's junior lienholder foreclosure, took the property subject to successor mortgagee's ongoing rights, which...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 19, 2021

Real Property Update - Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 12, 2021

Real Property Update - Cross-Easement Agreement / Res Judicata: Doctrine of res judicata is not applicable where the claims in the two cases concern different periods of time, and the facts that were essential to maintain...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 1, 2021

Real Property Update - Foreclosure / Modification Agreement: Lender was entitled to judgment of foreclosure upon proving borrower made three payments before breaching the loan modification agreement – Carus v. VRMTG Asset...more

Real Property, Financial Services, & Title Insurance Update: Week Ending September 17, 2021

Financial Services Update - RESPA / Qualified Written Requests: Loan servicer did not violate RESPA by acknowledging receipt of a qualified written request one day after RESPA deadline because plaintiffs suffered no...more

Real Property, Financial Services, & Title Insurance Update: Week Ending September 10, 2021

Real Property Update - Foreclosure / Fees and Costs: Trial court erred by denying borrower attorneys’ fees and costs following involuntary dismissal of foreclosure action based on Florida Supreme Court’s holding in Page v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 30, 2021

Real Property Update - Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 16, 2021

Financial Services Update - TCPA / ATDS: To qualify as an ATDS, a device must have the capacity to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 26, 2021

Real Property Update - Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A....more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 19, 2021

Financial Services Update - FCRA: Charged off account appearing on credit report was not a factual inaccuracy, but a legal dispute, and could not sustain cause of action under FCRA – Erenthal v. Experian Info. Sols., Inc.,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 5, 2021

Real Property Update - Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more

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