Real Property, Financial Services & Title Insurance Case Law Update: November 2013

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I. FLORIDA STATE CASES – SASHA GRANAI FUNK

  • Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013) (appeal dismissed as premature without prejudice)

II. 11TH CIRCUIT CASES - JIN LIU

  • Banking Statute of Frauds: borrower’s claims against lender for breach of fiduciary duty and negligent representation arising from negotiations to purchase bond securitizing mortgage loan not precluded by Banking Statute of Frauds despite absence of signed written agreement because the negotiations had nothing to do with a loan modification  -- Treo By Quantum, LLC v. Oppenheimer Multifamily Housing & Healthcare Finance, Inc., No. 11–22623–CIV (S.D. Fla. Nov. 4, 2013) (denying defendant’s motion for summary judgment)
  • Fair Debt Collection Practices Act (FDCPA): foreclosing on a security interest did not automatically preclude the existence of debt collection activity under FDCPA -- Lewis v. Marinosci Law Group, P.C., No. 13–61676–CIV (S.D. Fla. Oct. 29, 2013) (denying motion to dismiss)

III. TITLE INSURANCE CASES

  • The Title Insurance Cases section is on a brief hiatus due to trial commitments but we will return soon with our weekly summaries of recent title insurance cases (including catch-up summaries).