Real Property & Title Insurance Update: Week Ending July 29, 2016

REAL PROPERTY UPDATE

• 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, even though trial court did not have notice of stay – CitiBank, N.A., as Trustee v. Unknown Heirs, No. 1D15-2502 (Fla. 1st DCA July 25, 2016) (reversed and remanded)
• Foreclosure/Notice of Default: default notice substantially complied with mortgage's notice requirements in paragraph 22 – The Bank of New York Mellon, as Trustee v. Bloedel, No. 2D15-1862 (Fla. 2d DCA July 27, 2016) (reversed and remanded)
• Foreclosure/Statute of Limitations: because bank's complaint alleged borrower failed to make payments in April 2008 and all subsequent payments, and bank's action filed within five years of alleged default payment, action survived statute of limitations defense – Dhanasar v. JPMorgan Chase Bank, N.A., No. 3D15-10 (Fla. 3d DCA July 27, 2016)