Real Property, Financial Services, & Title Insurance Update: Week Ending March 12, 2021
March 12, 2021
Real Property Update
- Foreclosure: Mortgagee failed to offer competent, substantial evidence to prove that it had complied with all of the conditions of the mortgage contract that were prerequisites to allowing it to foreclose on the security – Christ v. Deutsche Bank, No. 2D19-4131 (Fla. 2d DCA Mar. 12, 2021) (reversed and remanded with instructions)
- Quiet Title / Invalid Deed: Deed purporting to transfer title from an intermediate party to the defendant was invalid on its face – George Anderson Training & Consulting Inc. v. Miller Bey Paralegal & Fin., LLC, No. 2D19-4413 (Fla. 2d DCA Mar. 12, 2021) (reversed and remanded)
- Specific Performance: Trial court erred in ordering specific performance with abatement where buyer’s remedies in the event of title defects were limited by the terms of the contract and despite having two options, buyer exercised neither – Mori v. Fortune Capital Partners, Inc., Nos. 3D19-1194, 3D19-1359 (Fla. 3d DCA Mar. 10, 2021) (reversed and remanded)
Financial Services Update
- FDCPA / Process Server Exemption: Process server exemption to debt collector definition did not support dismissal because of allegations that defendant took on a role beyond solely being a process server when he made false claims about personal service and provided perjured affidavits – Avina v. Patenaude & Felix, APC, No. 3:20-cv-00166 (S.D. Cal. Mar. 9, 2021) (denying in part dismissal motion)
- FDCPA / Time-Barred Debts: FDCPA's prohibitions regarding pursuing “time-barred debts” applied even if it was unclear at the time a debt collector sued or threatened suit whether a lawsuit was time-barred under state law, as FDCPA takes a strict liability approach – Kaiser v. Cascade Capital, LLC, No. 19-35151 (9th Cir. Mar. 9, 2021)
Title Insurance Update
No cases of interest to report.
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.