Real Property, Financial Services, & Title Insurance Update: Week Ending November 29, 2019

Carlton Fields
Contact

Carlton Fields

Real Property Update

  • Contracts: Escrow agent was bound only by the terms of an escrow agreement to which it was a party and not a purchase agreement to which it was not a party Carter Dev. of Mass., LLC v. Howard, No. 1D18-3075 (Fla. 1st DCA Nov. 26, 2019) (affirmed)
  • Service of Process: Section 605.0904(6) is an original service provision; thus, substitute service statute was inapplicable where defendant, a foreign LLC, failed to have a certificate of authority to transact business in Florida and was sued for business transacted in state Magnolia Court, LLC v. Moon, LLC, No. 3D18-722 (Fla. 3d DCA Nov. 27, 2019) (reversed and remanded)
  • Right of First Refusal: Trial court did not err in finding that the seller/defendant had fully complied with its notice obligations under the ROFR by providing copies of potential third-party buyer's purchase contract to plaintiff during discovery, and that plaintiff had failed to timely elect to purchase the property pursuant to the ROFR after its receipt of said contract Allegro at Boynton Beach, LLC v. Pearson, No. 4D18-3387 (Fla. 4th DCA Nov. 27, 2019) (affirmed)

Title Insurance Update

  • No cases of interest to report.

Financial Services Update

  • FDCPA / Debt Collector / Sufficiency of Allegation: Allegation that a law firm provides debt collection services is insufficient to establish that law firm is indeed a debt collector under the FDCPA Coheley v. Lender Legal Servs., LLC, No. 8:19-cv-00185 (M.D. Fla. Nov. 25, 2019)
  • FCCPA / 559.72(9) / Sufficiency of Allegations: Plaintiff failed to identify facts supporting section 559.72(9) claim, nor did he clearly allege that defendants had actual knowledge that debt was not legitimate or that they did not have right to collect debt Coheley v. Lender Legal Servs., LLC, No. 8:19-cv-00185 (M.D. Fla. Nov. 25, 2019) (granting dismissal motions with leave to amend)

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
Contact
more
less

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.