News & Analysis as of

First American Title Insurance Co. Bank of New York (BNY) Mellon

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending May 18 & 25, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

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REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

Carlton Fields

Real Property & Title Insurance Update: Week Ending September 1, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure / Statute of Limitations: trial court improperly found that, because payments due under a note and mortgage were accelerated in a prior 2009 action, the second action filed over five...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure: final summary judgment in borrower’s favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where...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: Weeks Ending March 10 & 17, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...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: 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, Financial Services & Title Insurance Update: Week Ending October 16, 2015

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REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

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