Real Property, Financial Services, & Title Insurance Update: Week Ending September 17, 2021

Carlton Fields

Carlton Fields

Real Property Update

  • No cases to report.

Financial Services Update

  • RESPA / Qualified Written Requests: Loan servicer did not violate RESPA by acknowledging receipt of a qualified written request one day after RESPA deadline because plaintiffs suffered no damages based on one-day delay – Munoz v. CitiMortgage, Inc., No. 8:20-cv-02311 (M.D. Fla. Sept. 10, 2021)

  • RESPA / Qualified Written Requests: Loan servicer did not violate RESPA because its response to plaintiffs’ qualified written request was sufficient and plaintiffs suffered no damages – Munoz v. CitiMortgage, Inc., No. 8:20-cv-02311 (M.D. Fla. Sept. 10, 2021)

  • FCRA / Preemption: State law claims for negligence and defamation related to false information provided by a company to a credit bureau are preempted by the FCRA where the furnisher of information did not act with malice or an intent to injure the person about whom the information was conveyed – Smith v. Automatic Data Processing, Inc., No. 8:20-cv-02936 (M.D. Fla. Sept. 13, 2021)

  • TCPA / Vicarious Liability: Company would not be held vicariously liable for subcontractor’s actions, which violated the TCPA, because the company did not exercise sufficient control over the subcontractor – Schick v. Caliber Home Loans, Inc., No. 3:20-cv-00617 (N.D. Cal. Sept. 14, 2021)

Title Insurance Update

  • Snap Removal: Title insurer properly removed case where no other defendants were served before removal – U.S. Bank Nat’l Ass’n v. Fidelity Nat’l Title Grp., Inc., No. 2:21-cv-00127 (D. Nev. Sept. 13, 2021) (denying motion to remand)

  • Enforcement of Settlement Agreement: Insured and title insurer entered into a binding settlement agreement where the parties reached an agreement on all material terms – First Am. Title Ins. Co. v. Sadek, No. 2:11-cv-01302 (D.N.J. Sept. 8, 2021)

  • Motion to Vacate: Closing agent did not have right to vacate judgment entered in favor of title insurer where closing agent failed to timely oppose title insurer’s summary judgment motion – First Am. Title Ins. Co. v. Successful Abstract, LLC, No. 657208/2020 (N.Y. Sup. Ct. Sept. 13, 2021)

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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