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Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019
March 09, 2019

Real Property Update

  • Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair nexus - Delta Aggregate, LLC v Hermès Hialeah Warehouse, LLC, No. 4D18-2252 (Fla 4th DCA Mar. 6, 2019)
  • Damages: trial court erred by awarding damages based upon party's opinion of value because the opining party failed to present substantial competent evidence to support valuation - Lally Orange Buick v Sandhu, No. 5D17-3363 (Fla 5th DCA Mar. 8, 2019) (reversed with instructions)

Financial Services Update

  • TCPA / FDCPA / FCCPA: class was not ascertainable where it would require account-by-account review of and/or public records searches for thousands of loans, and plaintiffs failed to establish predominance where liability turned upon highly individualized facts - Rivera v. Servis One, Inc., No. 3:17-cv-722-J-39JGT (M.D. Fla. Mar. 4, 2019) (denying motion for class certification)
  • FDCPA / TCPA: plaintiff failed to sufficiently allege that defendant was a debt collector where it serviced plaintiff's account before plaintiff owed the debt in question and failed to state a claim under the FDCPA; plaintiff could not unilaterally revoke his prior express consent to receive telephone calls and failed to state a claim under the TCPA - Ford v. Bluestem Brands, Inc., No. 18 cv 2695 (VB) (S.D.N.Y. Mar. 4, 2019) (granting motion to dismiss)

Title Insurance Update

  • Rooker Feldman Doctrine: does not prevent a bankruptcy court from reviewing a state court judgment that violates a debtor's discharge injunction - In re Patterson, No. 18-10443 (Bankr. M.D. La. Feb. 12, 2019) (denying insurer's claim as derivative of debt discharged in prior bankruptcy)
  • Deed in Lieu of Foreclosure: does not give rise to a new, post-discharge obligation in bankruptcy when creditor foreclosed mortgage on property, debtor's personal liability for debt was discharged, insurer was later required to satisfy undiscovered claim against property, and debtor executed a deed in lieu of foreclosure in favor of assignee of mortgage - In re Patterson, No. 18-10443 (Bankr. M.D. La. Feb. 12, 2019)
Related Practices
Real Property Litigation Title Insurance Consumer Finance
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