United States: Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017

Last Updated: March 23 2017


  • Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district's assessment liens – Villages of Avignon Community Dev. Dist. v. Manatee Cnty. Tax Collector, No. 2D16-1048 (Fla. 2d DCA Mar. 17, 2017) (affirmed but question of great public importance certified)
  • Foreclosure/Association's Lien: because association's claim of lien dated back to 1989 declaration, its recorded interest predated bank's 2009 lis pendens, and therefore association's 2011 lien foreclosure action was not barred by bank's mortgage foreclosure action (although association's action inferior to foreclosure of first mortgage) – Fountainspring II Homeowners Ass'n, Inc. v. Veliz, No. 4D15-3408 (Fla. 4th DCA Mar. 15, 2017) (reversed and remanded)
  • Code Enforcement Liens/Statute of Limitations: applicable statute of limitations for filing suit to foreclose code enforcement lien is twenty years; trial court erred in ruling otherwise – City of Riviera Beach v. J & B Motel Corp., No. 4D16-0174 (Fla. 4th DCA Mar. 15, 2017) (reversed and remanded)
  • Foreclosure/Standing: because JPMorgan's indorsement was an anomalous indorsement, plaintiff's possession of note did not make it a holder and, therefore, plaintiff needed to, but did not, establish standing by showing it was a nonholder in possession of note with rights of a holder – PennyMac Corp. v. Frost, No. 4D16-262 (Fla. 4th DCA Mar. 15, 2017) (affirmed)
  • Foreclosure/Original Note: trial court erred (1) in denying original note's admissibility because placement of undated blank endorsement on note after filing of complaint did not affect note's authenticity and enforceability, and (2) by involuntarily dismissing bank's action before bank completed its presentation of evidence – U.S. Bank Nat'l Ass'n as Trustee v. Roseman, No. 4D16-876 (Fla. 4th DCA Mar. 15, 2017) (reversed and remanded)
  • Foreclosure/Condition Precedent: HUD regulation requiring face-to-face meeting prior to foreclosure is condition precedent to foreclosure - Harris v. U.S. Bank National Association, a Trustee for the Certificate Holders of the LXS 2007-16N Trust Fund, No. 1D15-2022 (Fla. 1st DCA March 10, 2017) (affirmed).
  • Foreclosure/Condition Precedent: affidavit in opposition to summary judgment created a genuine issue of material fact where there was a factual issue as to applicability of exception to HUD regulation requiring face-to-face meeting when mortgaged property not within 200 miles of Lender, its servicer, or branch office of either - ARC HUD I, LLC v. Ebbert et al., No. 2D15-4848 (Fla. 2d DCA March 8, 2017) (reversed and remanded)
  • Ejectment: trial court erred in entering order of ejectment, which operated as de facto grant of summary judgment, without Plaintiff filing proper summary judgment motion establishing entitlement to relief sought in pleadings, and that disproves conclusively defendant's entitlement to relief - Abundant Living Citi Church, Inc., v. Abundant Living Ministries, Inc., et al., No. 3D16-2649 (Fla. 3d DCA March 10, 2017) (reversed)
  • Equitable lien/Homestead exemption: plaintiff entitled to foreclose equitable lien imposed to prevent unjust enrichment of defendant in that it secured monies paid to satisfy pre-existing mortgage on homestead property - Flinn v. Doty, as Personal Representative of the Estate of Robert Flinn, deceased, No. 4D-2424 (Fla. 4th DCA March 8, 2017) (affirmed in part and reversed in part)


  • Res Judicata: title insurer barred from re-litigating equitable subrogation and reformation claims in its own name where it had controlled prosecution of first action brought by loan servicer that lacked standing to bring first suit, resulting in judgment in favor of borrower - The Bank of New York Mellon, Trustee v. Heinz Otto Georg, Case No. 2396 (Md. Ct. Spec. App. March 10, 2017)(unreported)
  • Duty to Defend: duty to defend not triggered under policy based upon mere assertions of public right of way when there was no third party claiming interest against title of insured or any specified loss caused by hypothetical encumbrance - Osprey Landing, LLC v. First American Title Ins. Co., Case No. Lin-16-298 (Me. March 9, 2017)
  • Marketability of Title: mere possibility of future claims for public easements does not render title unmarketable and thus trigger insurer's duty to defend - Osprey Landing, LLC v. First American Title Ins. Co., Case No. Lin-16-298 (Me. March 9, 2017)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions