Real Property, Financial Services, & Title Insurance Update: Week Ending June 4, 2021

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Real Property Update

  • Equitable Subrogation: Record contained evidence demonstrating that Tank Tech had repaired tanks alleged damaged by improper testing and that it had paid or reimbursed Circle K for expenses incurred with respect to those specific tanks Tank Tech, Inc. v. Valley Tank Testing, LLC, No. 2D19-422 (Fla. 2d DCA June 2, 2021) (reversing final summary judgment entered in favor of Valley Tank on Tank Tech’s claim of equitable subrogation)

Financial Services Update

  • TCPA / Subject Matter Jurisdiction: The Supreme Court’s Barr ruling, holding that the government-debt exception to the TCPA is unconstitutional, does not invalidate the robocall restriction set forth in the TCPA, and, as a result, the district court continues to have subject matter jurisdiction where the only federal claim asserted is pursuant to the TCPA’s robocall restriction Doyle v. Fla. Health Sol., Corp., No. 1:19-cv-24013 (S.D. Fla. June 1, 2021)

  • FDCPA / Debt Collector: An assignee of the original creditor does not meet the definition of “debt collector” within the meaning of the FDCPA Harris v. New Rez LLC, No. 2:21-cv-00636 (E.D. Cal. June 3, 2021)

  • FDCPA / Summary Judgment Evidence: Trial court did not have to consider, when ruling on cross-motions for summary judgment, an unauthenticated letter presented by a homeowner that purported to show that the loan secured by his mortgage was forgivenMott v.  PNC Fin. Servs. Grp., Inc., No. 20-15744 (9th Cir. May 28, 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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