REAL PROPERTY UPDATE

• Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531 (Fla. 2nd DCA Apr. 08, 2015) (quashed and remanded)
• Foreclosure/Standing: summary foreclosure judgment reversed where lender failed to prove standing at time lawsuit filed – Tilus v. As Michai LLC, No. 4D13-3616 (Fla. 4th DCA Apr. 08, 2015) (reversed and remanded)
• Foreclosure/Res Judicata: second foreclosure action barred by res judicata where predicated on same breach alleged in first foreclosure action that was decided on the merits – Schindler v. The Bank of New York Mellon Trust Company, No. 4D13-4825 (Fla. 4th DCA Apr. 08, 2015) (reversed and remanded)

TITLE INSURANCE UPDATE

• Class Action: plaintiffs could not sustain fraud claims against title insurers and closing agents based on amount of property transfer tax listed on HUD statement where plaintiffs had means of determining what the actual amount of the tax was and were entitled to a refund but had never sought same – Bushman v. American Title Co. of Washtennaw, Case No. 14-cv-10011 (E.D. Mich. April 2, 2015) (order granting motion to dismiss fraud and consumer protection act class action)
• Class Action: charges listed on a HUD statement are not a guarantee to the seller that they are legally accurate and cannot serve as the basis of a fraud claim – Bushman v. American Title Co. of Washtennaw, Case No. 14-cv-10011 (E.D. Mich. April 2, 2015) (order granting motion to dismiss fraud and consumer protection act class action)
• Class Action: title insurers and agents are exempt from the protections of Michigan’s consumer protection act – Bushman v. American Title Co. of Washtennaw, Case No. 14-cv-10011 (E.D. Mich. April 2, 2015) (order granting motion to dismiss fraud and consumer protection act class action)
• Spoliation: attorney agent who failed to preserve ESI after being put on notice of claims by lender, fined $3,000, but plaintiff was not entitled to an adverse inference where there was no prejudice and information may have been available from other sources – FDIC-R (AmTrust) v. Horn, Case No. 12-5958 (E.D.N.Y. March 31, 2015) (order granting sanctions for spoliation of evidence)