Real Property, Financial Services, & Title Insurance Update: Week Ending May 21, 2021

Carlton Fields

Carlton Fields

Real Property Update

  • Easement / Restrictions: Reversing portion of final judgment declaring that new LLC could not impose restrictions, whether reasonable or not, on easement rights granted to individual in plat Summerland Key Cove Park, LLC v. Murphy, No. 3D19-801 (Fla. 3d DCA May 19, 2021) (reversed and remanded with instructions)

Financial Services Update

  • TCPA / Direct Liability: Plaintiff failed to sufficiently allege that defendant actually made the calls Stark v. Stall, No. 3:19-cv-00366 (S.D. Cal. May 18, 2021) (granting dismissal motion)

  • FDCPA / Section 1692e(10): If the least sophisticated consumer read the debt collection letter in its entirety, letter was clear that both a dispute of the debt and a request for the original creditor's name and address must be done in writing Kahn v. D&A Servs., LLC, No. 7:20-cv-04792 (S.D.N.Y. May 14, 2021) (granting dismissal motion)

Title Insurance Update

  • Duty of Care: Title insurance company did not owe a duty of care to defendant where defendant never entered into a contract with the insurer SMS Fin. XXIX, LLC v. Meakins, No. A-0930-19 (N.J. Super. Ct. App. Div. May 20, 2021) (affirmed) .

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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