Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019

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Real Property Update

  • Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair nexus - Delta Aggregate, LLC v Hermès Hialeah Warehouse, LLC, No. 4D18-2252 (Fla 4th DCA Mar. 6, 2019)
  • Damages: trial court erred by awarding damages based upon party's opinion of value because the opining party failed to present substantial competent evidence to support valuation - Lally Orange Buick v Sandhu, No. 5D17-3363 (Fla 5th DCA Mar. 8, 2019) (reversed with instructions)

Financial Services Update

  • TCPA / FDCPA / FCCPA: class was not ascertainable where it would require account-by-account review of and/or public records searches for thousands of loans, and plaintiffs failed to establish predominance where liability turned upon highly individualized facts - Rivera v. Servis One, Inc., No. 3:17-cv-722-J-39JGT (M.D. Fla. Mar. 4, 2019) (denying motion for class certification)
  • FDCPA / TCPA: plaintiff failed to sufficiently allege that defendant was a debt collector where it serviced plaintiff's account before plaintiff owed the debt in question and failed to state a claim under the FDCPA; plaintiff could not unilaterally revoke his prior express consent to receive telephone calls and failed to state a claim under the TCPA - Ford v. Bluestem Brands, Inc., No. 18 cv 2695 (VB) (S.D.N.Y. Mar. 4, 2019) (granting motion to dismiss)

Title Insurance Update

  • Rooker Feldman Doctrine: does not prevent a bankruptcy court from reviewing a state court judgment that violates a debtor's discharge injunction - In re Patterson, No. 18-10443 (Bankr. M.D. La. Feb. 12, 2019) (denying insurer's claim as derivative of debt discharged in prior bankruptcy)
  • Deed in Lieu of Foreclosure: does not give rise to a new, post-discharge obligation in bankruptcy when creditor foreclosed mortgage on property, debtor's personal liability for debt was discharged, insurer was later required to satisfy undiscovered claim against property, and debtor executed a deed in lieu of foreclosure in favor of assignee of mortgage - In re Patterson, No. 18-10443 (Bankr. M.D. La. Feb. 12, 2019)

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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