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 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 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 -
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
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
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
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 Update -
Devise of Homestead Property: Devise of Homestead Property: Decedent’s homestead property did not pass via decendent’s last will and testament because decedent made invalid devise of homestead...more
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 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 -
Foreclosure / Default: Trial court did not abuse discretion in determining that plaintiff’s counsel was not aware of the defaulting party’s intention to defend against foreclosure lawsuit – College...more
Real Property Update -
Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more
10/8/2021
/ Class Action ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deeds ,
FDCPA ,
Financial Services Industry ,
Fraudulent Wire Transfers ,
Mortgages ,
Private Property ,
Real Estate Development ,
Recordation ,
Setoff Rights ,
TCPA ,
Tenancy by Entirety ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Vicarious Liability
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 -
Equitable Subrogation: Record contained evidence demonstrating that Tank Tech had repaired tanks alleged damaged by improper testing and that it had paid or reimbursed Circle K for expenses incurred...more
Real Property Update -
Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB...more
Real Property Update -
Easement / Restrictions: Reversing portion of final judgment declaring that new LLC could not impose restrictions, whether reasonable or not, on easement rights granted to individual in plat –...more
Real Property Update -
Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus...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 -
HELOC / Authentication: A home equity line of credit is not a negotiable instrument, is not self-authenticating, and must be proven in support of summary judgment – Demakis v. Suntrust Bank, No....more
3/10/2021
/ Arbitration ,
Breach of Contract ,
Class Certification ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Regulation Z ,
TCPA ,
Text Messages ,
Title Insurance ,
Unsolicited Faxes
Financial Services Update -
Breach of Contract & Pre-Suit Notice: Consumer's failure to abide by a mortgage's notice and cure provision barred his breach of contract claim - Cooper v. PennyMac Loan Servs., LLC, No....more
Financial Services Update -
FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more
Financial Services Update -
TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more
Financial Services Update -
TCPA / Standing & Remand: defendant failed to establish plaintiff's standing where plaintiff received a single unsolicited text message from defendant - Jenkins v. Simply Healthcare Plans, Inc.,...more