News & Analysis as of

Preemption Florida Consumer Collection Practices Act

Carlton Fields

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

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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

Carlton Fields

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

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Carlton Fields

Should I Stay or Should I Go? Bankruptcy Preemption May Bar FDCPA and FCCPA Claims Either Way

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After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

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REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

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