News & Analysis as of September 21, 2024

Standing

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

Carlton Fields on 8/16/2022

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, Financial Services, & Title Insurance Update: Week Ending March 25, 2022

Carlton Fields on 4/1/2022

Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 29, 2021

Carlton Fields on 10/29/2021

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, Financial Services, & Title Insurance Update: Week Ending February 12, 2021

Carlton Fields on 2/17/2021

Real Property Update - Foreclosure / Standing: Trial court erred in entering final judgment in favor of third-party purchaser where third-party purchaser participated in the foreclosure action as if he were a party to the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending December 18, 2020

Carlton Fields on 12/18/2020

Real Property Update - Foreclosure / Subrogation: Trial court erred in entering final judgment of foreclosure in favor of subsequent mortgagee where subsequent mortgagee attempted to preserve and assign an otherwise...more

Real Property, Financial Services, & Title Insurance Update: Week Ending August 14, 2020

Carlton Fields on 10/23/2020

Real Property Update - Foreclosure / Standing: assignee of note was entitled to foreclosure for being in possession of original note indorse in blank, consistent with the copy attached to the complaint - Deutsche Bank...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 31 , 2020

Carlton Fields on 8/12/2020

Real Property Update - Foreclosure / Surviving Lien: Lender’s lien on mobile home survived foreclosure sale of property where mobile home was located; mobile home remained personal property outside scope of foreclosure –...more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 10, 2020

Carlton Fields on 7/28/2020

Real Property Update - Foreclosure / Standing: Servicer had standing to foreclose where asset management agreement authorized predecessor-in-interest to delegate service of loan and ability to bring foreclosure action and...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 3, 2020

Carlton Fields on 4/15/2020

Real Property Update - Foreclosure: Where the foreclosure defendant was properly served, and default and default final judgment was entered against said defendant, the defendant can only contest the unliquidated damages...more

Do I have a Duty to Respond to an Overly Broad Qualified Written Request?

McGlinchey Stafford on 4/2/2020

QWR Responses - Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) - In this case, the Northern District of Ohio granted in part and denied in part the loan...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 20, 2020

Carlton Fields on 4/1/2020

Real Property Update - Foreclosure / Surplus: Purchaser of real property per an agreement for deed was not the record owner and could not claim foreclosure sale surplus – Corey v. Neuffer, No. 2D19-1083 (Fla. 2d DCA Mar....more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 13, 2020

Carlton Fields on 4/1/2020

Real Property Update - Foreclosure / Standing: Holder failed to prove standing to enforce note either at inception or at time of judgment because it failed to prove it had possession of original note and accompanying...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 14, 2020

Carlton Fields on 2/20/2020

Real Property Update - Foreclosure / Standing: Where plaintiff was substituted in as a party plaintiff after original note was filed with the court, introduction of original note bearing blank indorsement into evidence at...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 18, 2019

Carlton Fields on 10/31/2019

Real Property Update - Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more

Real Property, Financial Services, & Title Insurance Update: Week Ending July 19, 2019

Carlton Fields on 8/12/2019

Real Property Update - Foreclosure / Condo Assessments: under section 718.116(1)(a), Florida Statutes, present condo owner is jointly and severally liable with the previous owner for unpaid assessments and related expenses...more

Real Property & Financial Services Update: Week Ending June 14, 2019

Carlton Fields on 7/8/2019

Real Property Update - Foreclosure / Business Records / Hearsay: trial court abused its discretion in excluding collection notes into evidence where witness sufficiently laid predicate for admissibility of these records -...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

Carlton Fields on 6/11/2019

Real Property Update - Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more

Real Property & Financial Services Update: Week Ending May 31, 2019

Carlton Fields on 6/7/2019

Real Property Update - Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Financial Services & Title Insurance Update: Week Ending March 22, 2019

Carlton Fields on 4/24/2019

Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Real Property & Financial Services Update: Week Ending March 15, 2019

Carlton Fields on 4/24/2019

Real Property Update- Deed Restriction / MRTA: Marketable Records Title to Real Property Act extinguished association's restrictions where restrictions were more than thirty years old, predating lot owner's root of title,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on 2/19/2019

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

Carlton Fields on 12/4/2018

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018

Carlton Fields on 11/21/2018

Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more

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

Carlton Fields on 6/6/2018

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

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