Mortgages, Policy Terms

Title (Coverage) Not Available

Cadwalader, Wickersham & Taft LLP on 2/1/2023

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Changes to Title and Survey Diligence Insurers Don’t Want to Miss

Faegre Drinker Biddle & Reath LLP on 10/19/2021

As part of an effort to revamp and modernize title insurance policies and land surveys, this year, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) updated their standards,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 8, 2019

Carlton Fields on 11/13/2019

Financial Services Update - FDCPA & FCCPA / Debt Collection Activity / Monthly Mortgage Statements: Monthly mortgage statements required by TILA and sent to plaintiff did not amount to “debt collection” because they did...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 4, 2019

Carlton Fields on 10/31/2019

Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more

Real Property & Title Insurance Update: Week Ending March 29, 2019

Carlton Fields on 4/24/2019

Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more

Real Property & Title Insurance Update: Week Ending February 1, 2019

Carlton Fields on 2/19/2019

Real Property Update - Foreclosure / Surplus Funds: sections 45.032 and 45.033, Florida Statutes, create a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens is...more

Still Crazy After All These Years: Recent Developments on the Standard Mortgage Clause

Cozen O'Connor on 1/11/2018

A not uncommon scenario: after examining the charred debris of a property fire, investigators note that the building’s alarm failed to sound and automatic sprinkler system similarly failed to activate because neither had been...more

Lender's Edge Newsletter: January 2018

Polsinelli on 1/5/2018

Are Lenders Entitled to Insurance Proceeds When Foreclosing? A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss....more

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

Carlton Fields on 8/8/2017

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually...more

The New 2016 ALTA Commitment with Florida Modifications: Expressing the Limitations on Liability

Carlton Fields on 6/19/2017

A significant change to one of the standard title insurance forms recently took effect. The new 2016 ALTA Commitment with Florida Modifications both streamlines the existing features of the title insurance commitment and, for...more

Implications of the 2016 Election for Banks, Systemically Important Financial Institutions and Their Investors

Dechert LLP on 10/12/2016

Campaign promises rarely turn into specific actions, but when they do, they are necessarily impacted by the dynamics of the legislative process. History suggests, however, that the policies of candidates can be a predictor of...more

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