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ARTICLE · 19 OCTOBER 2016

Real Property & Title Insurance Update: Week Ending October 7, 2016

Carlton Fields
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Foreclosure: debtor that agreed to "surrender" property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor...

United StatesReal Estate and Construction

REAL PROPERTY UPDATE

  • Foreclosure: debtor that agreed to "surrender" property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor's foreclosure action pending in state court - Failla v Citibank, N.A., Case No. 15-15626 (11 Cir. Oct. 4, 2016) (affirmed)
  • Standing: borrower lacked standing to sue lender for violating statute that required timely recording of satisfaction of mortgage where satisfaction was recorded before borrower filed suit and borrower failed to allege he had suffered damages as a result of the delay - Nicklaw v Citimortgage, Inc., Case No. 15-14216 (11 Cir. Oct. 6, 2016) (appeal dismissed for lack of jurisdiction)

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