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 / 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-
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 -
Listing Agreement: Broker submitted evidence that sellers were first in breach of listing agreement before a particular clause in the agreement’s termination provision could have been implicated, as...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 -
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 / 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
Eviction / Default Judgment / Due Process: Tenant was denied due process when court prematurely and summarily entered an eviction judgment without hearing case despite tenant’s repeated, prompt, and substantive filings in...more
Real Property Update -
Statute of Limitations / Deed / Reverter: City’s argument that grantor’s lawsuit, alleging that grantor’s deed to city terminated and reverted to grantor, was barred by section 95.36(1) because deed...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
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
Fla. Const., Art. VII, Sec. 3(a) / Ad Valorem Tax Exemptions / Municipal or Public Purpose: City was not entitled to ad valorem tax exemptions for its golf course and related facilities, despite owning said property, which...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
Lease Option / Fair Market Value: While the market value of property subject to a lease-purchase option is generally determined as unencumbered by the lease, specific language instructing appraisers to use the fixed rental...more
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 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 -
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 Update -
Lease / Claim of Lien: Trial court erred in its interpretation of section 713.10, Florida Statutes (2013), by granting summary judgment in favor of the lessor/owner, where the exception to lien...more
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 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