News & Analysis as of September 19, 2024

Mortgages › American Rule

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Not All Deed of Trust Attorney Fee Clauses are Created Equal

Patton Sullivan Brodehl LLP on 11/30/2018

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

Burr & Forman on 2/28/2018

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

Real Property & Title Insurance Update: Week Ending June 2, 2017

Carlton Fields on 6/8/2017

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to...more

Florida's Fourth DCA Holds Borrower is Not Entitled to Attorney’s Fees for Dismissal Based on Lack of Standing to Foreclose

Burr & Forman on 4/14/2017

Florida’s Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v. Glass, No. 4D15-4561, following suit with the Third and Fifth DCAs in denying a borrower’s motion for attorney’s fees based on a provision...more

Can I Get My Legal Fees Back for Having to Defend This Case?

Burr & Forman on 10/21/2015

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

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