News & Analysis as of

Deutsche Bank Foreclosure Insurance Industry

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending March 9 & 16, 2018

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REAL PROPERTY UPDATE - Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

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REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending December 1 & 8, 2017

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REAL PROPERTY UPDATE - - Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 14 & 21, 2017

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REAL PROPERTY UPDATE - Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending March 24, 2017

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REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: servicer did not meet its burden of proving it satisfied condition precedent of giving notice of acceleration by failing to provide evidence that notice letter had...more

Carlton Fields

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

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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 September 23 & 30, 2016

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REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 22, 2016

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Lis Pendens: a party seeking to maintain a lis pendens must establish a “fair nexus” between the party’s claim and the subject property by making “a minimal showing that there is at least some basis for the underlying claim...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 29 & June 3, 2016

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REAL PROPERTY UPDATE - Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more

Carlton Fields

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

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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 & Title Insurance Update: Week Ending March 25, 2016

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REAL PROPERTY UPDATE - - Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)

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REAL PROPERTY UPDATE - Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

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Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 19, 2015

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REAL PROPERTY UPDATE: Tax Deed Sale/Due Process: after certified letter notifying property owner of tax deed sale returned unopened and unclaimed, due process required clerk of court take reasonable steps to notify...more

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