Real Property, Financial Services, & Title Insurance Update: Week Ending May 7, 2021

Carlton Fields

Carlton Fields

Real Property Update

  • Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021) (affirmed and remanded with instructions)
  • Foreclosure Judgment / Section 702.036: Florida Statutes section 702.036 precluded the court from granting relief that adversely affected quality and character of title – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021) (affirmed and remanded with instructions)

Financial Services Update

  • FDCPA / Debt: Definition of “debt” for purposes of FDCPA requires a consumer transaction; tortious activity will not sufficeCampbell v. Douglas Knights & Assocs., Inc., No. 3:21-cv-01667 (N.D. Cal. May 3, 2021)
  • TILA / Available Remedies: TILA does not allow for rescission and damages where property at issue is not purchased “primarily for personal, family, or household purposes” Gilliam v. Levine, No. 2:18-cv-02580 (C.D. Cal. Apr. 27, 2021)
  • FDCPA / Debt: Child support payments are not “debts” for purposes of the FDCPA – Williams v. Aerna, Inc., No. 1:21-cv-00321 (E.D. Cal. May 4, 2021)
  • FDUTPA / Statute of Limitations: Claims under FDUPTA generally begin to accrue upon purchase because the discovery rule does not apply to FDUPTA claims Pelayo v. Hyundai Motor Am., Inc., No. 8:20-cv-01503 (C.D. Cal. May 5, 2021)

Title Insurance Update

No cases of interest to report.

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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