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 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 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 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 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 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 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 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
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 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 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
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
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
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 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
12/7/2021
/ Article III ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Insurance Industry ,
Mortgages ,
Reverse Mortgages ,
Standing ,
TCPA ,
Title Insurance
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 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
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 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 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 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
6/18/2021
/ Article III ,
ATDS ,
Attorney's Fees ,
Condominiums ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Injury-in-Fact ,
Mortgages ,
Popular ,
Standing ,
TCPA
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 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
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 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