Real Property, Financial Services & Title Insurance Case Law Update: November 19, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ

  • Foreclosure/Rehearing: trial court’s order denying motion to vacate foreclosure sale considered final order separate from final judgment of foreclosure and was subject to motion for rehearing under Fla. R. Civ. P. 1.530 - Popescu v Laguna Master Ass’n, Inc., No. 4D13-1203 (Fla. 4th DCA Nov. 13, 2013) (petition denied)
  • Foreclosure/Service of Process: trial court erred by denying motion to quash service without first affording movant evidentiary hearing - Talton v CU Members Mtg., a Division of Colonial Savings, F.A., Case No. 4D13-1653 (Fla. 4th DCA Nov. 13, 2013) (reversed and remanded)

II. 11TH CIRCUIT CASES – LAUREN SEMBLER

  • Quiet Title: lender’s voluntary dismissal of foreclosure action without prejudice did not invalidate note and mortgage and did not support borrower’s quiet title action upon running of 5-year statute of limitations on prior defaults because lender could still foreclose based upon subsequent defaults falling within 5-year statute of limitations period – Kaan v. Wells Fargo Bank, N.A., No. 9:13-cv-80828-KLR (S.D. Fla. Nov. 5, 2013) (dismissed with prejudice)
  • RESPA: section 2604 of RESPA does not create a private right of action – Penner v. Indymac Bank, F.S.B., No. 8:13-cv-02539-RAL-MAP (M.D. Fla. Nov. 8, 2013) (dismissed with prejudice)
  • RESPA: violations of RESPA may not be relied upon to challenge validity of a mortgage – Penner v. Indymac Bank, F.S.B., No. 8:13-cv-02539-RAL-MAP (M.D. Fla. Nov. 8, 2013) (dismissed with prejudice)

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).