Home Foreclosure Real Estate, Financial Services and Title Insurance Update: Week Ending June 10, 2022 | Carlton Fields

Real Estate, Financial Services and Title Insurance Update: Week Ending June 10, 2022 | Carlton Fields

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Real Estate Update

  • Act/Auto Reverse: The deed to the municipality was an assignment in fee simple with an automatic return clause, and the limitation period of section 95.36 did not apply to this deed; instead, Section 689.18, which also contains time limitations but expressly exempts transfers to a government entity from such limitations, applied – 1000 Brickell, Ltd. vs. City of MiamiNo. 3D20-1046 (Fla. 3d DCA June 8, 2022) (denying motion for rehearing, but withdrawing prior notice, and reversing and dismissing)
  • Foreclosure / Motion to set aside: No legal basis existed to void the foreclosure sale because the defendant was properly served through his registered agent and defaulted when he failed to defend; however, the defendant was entitled to notice and an opportunity to be heard regarding the lender’s claims for unliquidated damages, including attorneys’ fees, and was entitled to a hearing on the issue of whether the notice sent was appropriate – Crimson 27, LLC vs. Taylor Made Lending, LLCNo. 3D21-2360 (Fla. 3d DCA June 8, 2022) (confirming in part and denying in part)
  • Foreclosure / Trade Documents Exception: The court correctly admitted the payment history under the business records exception to the hearsay rule; however, the circuit court erroneously calculated the accrued interest, the flood insurance included in the judgment exceeded the amount supported by the payment history, and the legal fees included in the judgment were not supported by the proof – Cayard vs. US Bank Nat’l Ass’nNo. 4D21-1326 (Fla. 4th DCA June 8, 2022) (confirmed in part, reversed in part and dismissed)

Financial Services Update

  • FCRA / Notice to CRA / Sufficiency of pleading: The plaintiff failed to state that he notified the CRA of any allegedly inaccurate debt or creditor’s report, which would have subsequently triggered the need for an investigation; informing the supplier, as claimed by the plaintiff, would not be enough – Ngambo vs. Bank of Am., NANo. 7: 20-cv-02221 (SDNY June 8, 2022) (granting motion to dismiss)
  • FDCPA / Standing: The plaintiff has not demonstrated that she had standing to pursue her claims; the Plaintiff’s allegations of emotional distress were insufficient to establish standing, as were the Plaintiff’s other arguments – Nojovits vs. Ceteris Portfolio Servs., LLCNo. 1:22-cv-02833 (EDNY June 7, 2022) (case dismissed for lack of subject matter jurisdiction)

Title Insurance Update

No cases of interest to report.