Real Property, Financial Services, & Title Insurance Update: Week Ending June 12, 2020

Carlton Fields

Carlton Fields

Real Property Update
  • Foreclosure / Rule 1.491: Recommendation of immediate default entered by general magistrate violated the notice requirements of Rule 1.500, and was objectionable, but borrower waived the right to appeal the order approving the general magistrate’s recommendation for failing to timely file exceptions Garrison v. PHH Mortg. Corp., No. 1D18-1594 (Fla. 1st DCA June 11, 2020) (affirmed)

Financial Services Update

  • FDCPA / 1692g & 16892e / Notifications: Sending a second 30-day notice to dispute a debt is not a violation under the FDCPA Mathis v. Allied Interstate LLC, No. 8:20-cv-00591 (M.D. Fla. June 9, 2020) (dismissing complaint with prejudice)

Title Insurance Update

  • Encumbrance & Unmarketability: Ordinance creating third-party interest in right of way on insured property constituted an encumbrance within the meaning of the policy and rendered title unmarketable – Jericho State Capital Corp. of Fla. v. Chicago Title Ins. Co., No. 2017-001646 (S.C. Ct. App. June 10, 2020) (reversing summary judgment in part and affirming in part)
  • Bad Faith: Title insurer had reasonable, good faith basis for denying insured’s claims and was entitled to summary judgment on the issue even if the appellate court eventually found there was coverage under the title insurance policy for the alleged encumbrance – Jericho State Capital Corp. of Fla. v. Chicago Title Ins. Co., No. 2017-001646 (S.C. Ct. App. June 10, 2020) (reversing summary judgment in part and affirming in part)
  • Covenants Running With the Land: Absent an express reservation in a deed reserving to seller the right to receive rents from a cellular telephone tower, the right to receive rents runs with the land – LRC Realty, Inc. v. B.E.B. Props., No. 2020-Ohio-3196 (Ohio June 9, 2020) (opinion reversing judgment and remanding)
  • Escrow Agent: Denying motion to dismiss count for accounting, false and fraudulent representations, conversion, and punitive damages, but dismissing count for violation of California’s Unfair Competition Law based on alleged misrepresentations in a bidder agreement to which escrow agent was not a party, count for violation of California’s False Advertising Law, and count for fraudulent concealment – Appel v. Boston Nat’l Title Agency, LLC, No. 3:18-cv-00873 (S.D. Cal. June 10, 2020) (order on motion to dismiss)

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.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields

Carlton Fields on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.