Real Property, Financial Services & Title Insurance Update: Week Ending March 20, 2015

REAL PROPERTY UPDATE

• Probate/Quit Claim Deeds: trial court correctly ordered personal representative to issue deeds conveying properties to son and mother, subject to life estate held by son – Ciungu v. Bulea, Case No. 1D13-5392 (Fla. 1st DCA Mar. 18, 2015) (affirming in part, and reversing in part).
• Foreclosure/Sufficiency of Evidence: no competent substantial evidence supporting award of interest, property inspection fees, and attorney’s fees – Boyette v. BAC Home Loans Servicing, LP, Case No. 2D14-1870 (Fla. 2d DCA Mar. 18, 2015) (affirming in part, reversing in part, and remanding for further proceedings to properly establish amounts allegedly due and owing).
• Partition/Private Sale: trial court erred in forcing buyout between parties in partition action because procedure was not authorized by Florida Statutes, Chapter 64, nor agreed to by the parties – Marks v. Stein, Case Nos. 2D14-1197 and 2D14-1559 (Fla. 2d DCA Mar. 20, 2015) (reversing and remanding for further proceedings).
• Discovery/Attorney-Client Privilege: trial court should have first conducted in camera review of documents that LLCs contended were protected by attorney-client privilege before ordering production – AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., as Trustee, Case No. 2D14-3817 (Fla. 2d DCA Mar. 20, 2015) (granting petition, and quashing discovery order).

TITLE INSURANCE UPDATE

• CPL: an inaccurate HUD-1 settlement statement falls within the exception to paragraph 1(b) and cannot serve to trigger liability under paragraph 1 of a CPL, as liability cannot hinge on a determination of the “validity, enforceability, or effectiveness” of the HUD – Fifth Third Mortgage-MI, LLC v. First American Title Ins. Co., Case No. 318037 (Mich. App. March 10, 2015)(affirming in part and reversing in part summary judgment).
• CPL: any fraud or dishonesty of the closing agent may trigger liability under a CPL where paragraph 2 of the CPL provides indemnification for loss arising out of the fraud of dishonesty of the issuing agent “handling your funds or documents,” as opposed to limiting indemnification  to the loss arising out of the fraud of dishonesty of the issuing agent “in handling your funds or documents” – Fifth Third Mortgage-MI, LLC v. First American Title Ins. Co., Case No. 318037 (Mich. App. March 10, 2015)(affirming in part and reversing in part summary judgment).
• CPL: deeds in lieu alone do not establish satisfaction of the mortgage debt such as would show the lender “knowingly and voluntarily” impaired the title insurer’s subrogation rights under a CPL – Fifth Third Mortgage-MI, LLC v. First American Title Ins. Co., Case No. 318037 (Mich. App. March 10, 2015)(affirming in part and reversing in part summary judgment).