Searching Content indexed under Charges, Mortgages, Indemnities by Carlton Fields ordered by Published Date Descending.
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IRS Allows Employer ‘Matching Contribution' Based On Student Loan Repayments
With U.S. student loan debt totaling $1.5 trillion, employers are seeking ways to ease the burden of repayment for their employees and prospective employees.
United States
11 Sep 2018
Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred
Plaintiffs in both suits alleged that this scheme (between the mortgagee and the PMI insurer) violated RESPA's anti-kickback and anti-fee splitting provisions between the mortgagee and the PMI insurer.
United States
14 Feb 2018
Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017
Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017
United States
26 Sep 2017
Real Property & Title Insurance Update: Week Ending August 18 & 25, 2017
A weekly summary of select real property, financial services, and title insurance cases and recent developments, presented by Carlton Fields' Real Property Litigation and Consumer Finance practice groups.
United States
1 Sep 2017
Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017
Foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually filed reversed and remanded.
United States
9 Aug 2017
Florida's First District Court Of Appeal Should Abandon The Standing At Inception Rule In Mortgage Foreclosure Cases
This article also suggests a potential Rule of Civil Procedure remedy for some of the problems the rule creates.
United States
25 Jul 2017
Real Property & Title Insurance Update: Week Ending March 24, 2017
Bank not required to demonstrate loan servicing agent's authority to file law suit, where loan servicing agent merely verified complaint as servicer and attorney-in-fact.
United States
4 Apr 2017
Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017
Trial court properly authorized tax collector to issue tax certificates subject to community development district's assessment liens.
United States
23 Mar 2017
Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts
The Middle District of Florida recently denied a plaintiff's motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence...
United States
7 Mar 2017
Real Property & Title Insurance Update: Week Ending January 13, 2017
Foreclosure: where a valid mortgage properly encumbers the subject property, an incorrect deed and a reformation of deed count are not fatal to a foreclosure action.
United States
25 Jan 2017
A Truckload Of Trouble For The CFPB
The 110-page court decision, however, missed the chance to answer the troublesome questions contained in those boxes from HUD.
United States
19 Oct 2016
Real Property & Title Insurance Update: Week Ending October 7, 2016
Foreclosure: debtor that agreed to "surrender" property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor...
United States
19 Oct 2016
Resolving Shopping Center Foreclosures In Florida - Considerations For Lenders
Shopping centers in Florida—and across the country—are increasingly facing financial stress due to factors such as Internet commerce and rent pressures.
United States
18 Oct 2016
Surrendering Your Property In Bankruptcy Means You Must Actually Surrender It
The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but.
United States
17 Oct 2016
Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016
Trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff's witness demonstrated sufficient familiarity with the boarding process to testify about it.
United States
7 Oct 2016
Real Property & Title Insurance Update: Week Ending July 29, 2016
Foreclosure/Automatic Stay: because final judgment entered day after defendant's petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void...
United States
4 Aug 2016
Split Florida Court Withdraws Beauvais Opinion To Hold That Dismissal Without Prejudice Of Foreclosure Action Does Not Bar Second Action More Than 5 Years Later
The court withdrew its earlier opinion and released a new en banc decision holding that dismissal of a foreclosure action accelerating payment on one default does not time-bar a subsequent foreclosure action on a later default.
United States
21 Apr 2016
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