Real Property, Financial Services & Title Insurance Update: Week Ending September 25, 2015

REAL PROPERTY UPDATE

  • Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was executed after complaint was filed, and plaintiff's witness had no information other than the assignment itself, to verify when assignment took place - Kenney v. HSBC Bank USA, National Association, as Trustee, No. 4D13-4165 (Fla. 4th DCA Sept. 24, 2015) (reversed)

TITLE INSURANCE UPDATE

  • Class Action: affirming dismissal of putative class action based on Higgins and Bleich James v. First American Title Ins. Co., Case No. 1D14-4791 (Fla. 1st DCA Sept. 22, 2015) (affirming)
  • Bad Faith: judge, not jury, must determine whether insurer acted in bad faith under Virginia CodeREVI, LLC v. Chicago Title Ins. Co., Case No. 141562 (Va. Sept. 17, 2015) (affirming judgment)

 

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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