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Real Property, Financial Services, & Title Insurance Update: Week Ending January 28, 2022

Promissory Note / Statute of Limitations: Trial court's conclusion that the maturity date of the debt (pursuant to a promissory note, not a mortgage lien) could only be extended via a written and recorded agreement conflicted...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 26, 2021

Financial Services Update - TILA & RESPA / Business Purpose: Plaintiff’s loan was a business loan based on court’s review of the Ninth Circuit’s five-factor test to determine whether a loan was obtained primarily for...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 15, 2021

Real Property Update - Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more

Real Property, Financial Services, & Title Insurance Update: Week Ending December 11, 2020

Real Property Update - Foreclosure / Pleading Fraud Defense: Trial court erred in providing relief of fraud as defense to foreclosure where fraud was never pleaded; even if fraud had been pleaded, party failed to prove...more

Real Property, Financial Services, & Title Insurance Update: Week Ending August 7, 2020

Real Property Update - Affirmative Defense / Waiver: Homeowner unable to raise statute of limitations affirmative defense for the first time in motion for summary judgment – Deer Brooke S. Homeowners Ass’n of Polk Cty.,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 31 , 2020

Real Property Update - Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 20, 2020

Real Property Update - Foreclosure / Surplus: Purchaser of real property per an agreement for deed was not the record owner and could not claim foreclosure sale surplus – Corey v. Neuffer, No. 2D19-1083 (Fla. 2d DCA Mar....more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 18, 2019

Real Property Update - Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 19, 2019

Real Property Update - Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more

Real Property & Financial Services Update: Week Ending July 5, 2019

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

Real Property, Financial Services, & Title Insurance Update: Week Ending June 28, 2019

Real Property Update - Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 17, 2019

Real Property Update - Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more

Real Property & Title Insurance Update: Week Ending May 3, 2019

Real Property Update - Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Real Property & Title Insurance Update: Week Ending March 29, 2019

Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Financial Services & Title Insurance Update: Week Ending March 22, 2019

Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Real Property & Financial Services Update: Week Ending March 15, 2019

Real Property Update- Deed Restriction / MRTA: Marketable Records Title to Real Property Act extinguished association's restrictions where restrictions were more than thirty years old, predating lot owner's root of title,...more

Real Property & Title Insurance Update: Week Ending February 1, 2019

Real Property Update - Foreclosure / Surplus Funds: sections 45.032 and 45.033, Florida Statutes, create a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is...more

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