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

Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more

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 8, 2022

Real Property Update- Foreclosure / Fee Judgment / Appellate Jurisdiction: On the facts presented, appellate court had jurisdiction to address whether litigant who obtained the fee judgment against Nationstar was a proper...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 27, 2022

Real Property Update - Foreclosure / Service of Process: Trial court properly denied the estate’s motion to quash service in a foreclosure lawsuit filed by the bank for the court’s failure to conduct an evidentiary hearing...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 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 March 18, 2022

Foreclosure / Surplus Funds: Trial court erred in awarding surplus funds in association’s lien foreclosure sale to first mortgagee, as the owner of record (the mortgagor) on the date of the filing of the lis pendens was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 11, 2022

Reciprocal Easement: Three operative paragraphs of reciprocal parking easement, and the easement as a whole, unambiguously provided that rights and benefits described were appurtenant and for the benefit of successors to the...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 February 4, 2022

Land Use / Vacation Rentals: Petition for a writ of second tier certiorari was denied because there was no violation of a clearly established principle of law resulting in a miscarriage of justice where circuit court affirmed...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 7, 2022

Bankruptcy / Section 505(a)(2)(C) / Property Taxes: Section 505(a)(2)(C) of the Bankruptcy Code precluded property owner from challenging allegedly improper property taxes in the course of its bankruptcy proceeding because...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 21, 2022

HAMP / Loan Modification / Cause of Action: No independent cause of action for lender's failure to provide loan modification agreement under HAMP - Riano v. Bank of Am., N.A., Nos. 3D20-1260, 3D20-1473 (Fla. 3d DCA Jan. 19,...more

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

Real Property Update - Taking Order: Rejecting property owner's argument that the Florida Department of Transportation failed to make a good faith estimate of value required by statute based upon a disagreement between...more

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

Real Property Update - UCC / Security Interests: Eleventh Circuit certified to the Florida Supreme Court the following questions: (1) Is the "search of the records of the filing office under the debtor's correct name,...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

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