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Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020
January 30, 2020

Real Property Update

  • Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged failure to satisfy condition precedent of securing three-fourths vote of the owners prior to initiating litigation – De Soleil S. Beach Residential Condo. Ass’n, Inc. v. De Soleil S. Beach Ass’n, Inc., No. 3D18-1423 (Fla. 3d DCA Jan. 15, 2020) (reversed, in part, and affirmed, in part)
  • Dismissal as Sanction: Trial court was not required to find “willful disregard of a court order” when dismissing lawsuit without prejudice for plaintiff’s untimely and incomplete production of documents in discovery – Deutsche Bank Nat’l Tr. Co. v. Bennett, No. 2D18-2020 (Fla. 2d DCA Jan. 15, 2020) (affirmed; conflict certified) 

Financial Services Update

  • FDCPA / Liability: FDCPA recognizes cause of action for prosecuting lawsuit based on inaccurate information – Zuniga v. Jacobs, No. 1:18-cv-22303 (S.D. Fla. Jan. 13, 2020)
  • TCPA / Prerecorded Call: For liability under the TCPA, defendant must be the one that initiates the prerecorded call – Stone v. AT&T Servs., Inc., No. 3:18-cv-02028 (S.D. Cal. Jan. 13, 2020)
  • FDCPA / Debt Collector: Attorneys who regularly attempt to collect consumer debts through litigation are “debt collectors” under the FDCPA – Rutty v. Krimko, No. 18-3522 (2d Cir. Jan. 14, 2020)

Title Insurance Update

  • None of interest.
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