Real Property, Financial Services, & Title Insurance Update: Week Ending May 14, 2021

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Carlton Fields

Real Property Update

  • Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus proceeds was untimely Refaie v. Bayview Loan Servicing, LLC, No. 2D19-4780 (Fla. 2d DCA May 14, 2021)

  • Easement / Notice: Genuine issue of material fact remained regarding whether buyer had notice of easement Soknoh Partners, LLC v. Audio Visions S., Inc., No. 2D20-324 (Fla. 2d DCA May 12, 2021) (reversed and remanded)

  • Foreclosure / Objection to Sale:Evidentiary hearing required after timely objection to sale in accordance with Florida Statutes section 45.031 – Valls v. HSBC Bank USA, N.A., No. 4D20-1984 (Fla. 4th DCA May 12, 2021) (reversed and remanded with directions)

Financial Services Update

  • TILA / Credit / Financing: Plaintiff had no standing to bring TILA claim because he had not suffered a concrete and particularized injury — he had not shown that he was at any particularized risk of making an uninformed credit decisionWalters v. Fast AC, LLC, No. 2:19-cv-00070 (M.D. Fla. May 13, 2021)

  • FDCPA / Debt Collection: Unanswered calls from defendant to plaintiff did not constitute communications pursuant to the FDCPA Pearson v. Apria Healthcare Grp., Inc., No. 3:19-cv-02400 (S.D. Cal. May 11, 2021) (granting summary judgment in favor of defendant)

  • TCPA / Fax Advertisements: Faxes plaintiff received were not “unsolicited advertisements” within the meaning of the TCPA because plaintiff’s listing of its fax number and agreeing to receive information from a franchisor’s affiliates and approved vendors constituted prior express invitation or permission to receive fax advertisements for products of approved suppliers such as defendant Gorss Motels, Inc. v. Lands’ End, Inc., No. 20-589 (2d Cir. May 13, 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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