Real Property, Financial Services, & Title Insurance Update: Week Ending August 28, 2020

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Real Property Update

No cases of interest this week.

Financial Services Update

  • TCPA / Standing & Remand: defendant failed to establish plaintiff's standing where plaintiff received a single unsolicited text message from defendant - Jenkins v. Simply Healthcare Plans, Inc., No. 20-22677-CIV-ALTONAGA/Goodman (S.D. Fla. Aug. 17, 2020) (granting plaintiff's motion to remand)
  • ECOA / Sufficiency of Pleading: plaintiff failed to demonstrate that he was a member of a protected class, that he was qualified for credit, and that he was denied credit despite being qualified - Cleveland v. Dep't of Agric., No. 1:20-cv-01140-NONE-JLT, 2020 WL 5017607 (E.D. Cal. Aug. 25, 2020) (granting motion to dismiss without prejudice)

Title Insurance Update

  • Election of Remedies / Settlement with Title Insurer: the doctrine of election of remedies does not preclude an insured who settles a claim with its title insurer for a nominal amount from making an equitable claim that third party had encroached on her property - Leonard v. Pantich, No. A-5645-18TI (N.J. Ct. App. Aug. 27, 2020) (opinion affirming trial court's judgment after non-jury trial)

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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