Posts from March 2014.

In Bermuda Dunes Private Residents, etc. v. Bank of America, 5D12-4218, 2014 WL 885720 (Fla. Dist. Ct. App. Mar. 7, 2014) Florida's Fifth District Court of Appeal issued an important opinion concerning the so-called "safe-harbor" for past due condominium assessments created by Fla. Stat. § 718.116(b) for those who acquire title to condominiums from the foreclosure of a first mortgage. The facts of the case were as follows: Bank of America held a first mortgage on a condominium, and assigned the mortgage to Federal Home Loan Mortgage Corporation ("Freddie Mac"). Freddie Mac then ...

Posted in: Florida, Mortgages
Ali v. Wells Fargo Bank, N.A., CIV-13-876-D, 2014 WL 345243 (W.D. Okla. Jan. 24, 2014) This action is one of the first decisions issued regarding the forced-placed insurance provision pursuant to the new mortgage servicing regulations under the "Dodd-Frank Wall Street Reform and Consumer Protection Act" ("Dodd-Frank"). In Ali, Plaintiff brought suit against her mortgage lender, mortgage loan servicer, and an insurance company asserting multiple theories of liability related to lender-placed insurance ("LPI"), by which the lender prevented a lapse of coverage for the ...
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