Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 18, 2013

I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ

  • Foreclosure: issue of fact concerning authenticity of “original” promissory note precluded summary judgment – AG Beaumont 1, LLC v LSREF2 Oreo, No. 2D12-5873 (Fla. 2d DCA Oct. 18, 2013) (reversed and remanded) 
  • Takings: in compensation portion of takings trial court should have allowed jury to consider scientific evidence sufficient to explain how appraisers calculated damages to be awarded to owners of diseased citrus trees taken by state – Fla. Dep’t of Agriculture & Consumer Servs. v. Mendez, No. 4D11-3271 (Fla. 4th DCA Oct. 16, 2013) (reversed and remanded)

II. 11TH CIRCUIT CASES - NONE

III. TITLE INSURANCE CASES - CHRIS SMART

  • Negligence: FDIC-R failed to state a cause of action for negligent hiring, selection, training, and supervision based on allegations that one of its employees had represented one of the parties to the escrow transaction other than the bank in a prior real estate transaction – FDIC-R (Founders) v. Chicago Title Ins. Co., No. 12-cv-5198 (N.D. Ill. Oct. 10, 2013) (order granting motion to dismiss) 
  • Recoupment: principal of title insurance agent estopped from denying benefit from involvement in conspiracy based on guilty plea – Stewart Title Guaranty Co. v. Sanford Title Servs., LLC, No. 11-00620 (D. Md. Oct. 8, 2013) (memo opinion granting summary judgment) 
  • Recoupment: title insurer entitled to assert the rights of its insureds against agent, provided it has indemnified its insureds or cleared a title defect – Stewart Title Guaranty Co. v. Sanford Title Servs., LLC, No. 11-00620 (D. Md. Oct. 8, 2013) (memo opinion granting summary judgment) 
  • Coverage: title insurer under no duty to identify additional land not described in Schedule A of policy and insured had no claim for land not so described – Batra v. Electronic Land Servs., Inc., No. 52629/2011 (N.Y. Supp. Oct. 7, 2013) (granting motion to dismiss) 
  • Post-judgment Interest: awarding post judgment interest pending appeal – First American Title Ins. Co. v. 273 Water Street, LLC, No. 084041234 (Conn. Super. Sept. 19, 2013) (granting motion for post-judgment interest) [copy not publicly available]

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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