News & Analysis as of

Bank of America Notice of Default

Manatt, Phelps & Phillips, LLP

Applying Facebook, Court Tosses Suit Over ATDS Allegations

Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act (TCPA) suit, finding that the plaintiff failed to sufficiently allege the...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

Carlton Fields on

REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending October 14, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

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REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage...more

Baker Donelson

Eleventh Circuit Further Widens the Reach of the Fair Housing Act

Baker Donelson on

The city of Miami brought an action against multiple lenders claiming their practices were discriminatory and in violation of the FHA, resulting in a disproportionate and excessive number of defaults and subsequent...more

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