Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

 Skip to Content

Real Property, Financial Services, & Title Insurance Update: Week Ending August 7, 2020
August 07, 2020

Real Property Update

  • Affirmative Defense / Waiver: Homeowner unable to raise statute of limitations affirmative defense for the first time in motion for summary judgment – Deer Brooke S. Homeowners Ass’n of Polk Cty., Inc. v. Battles, No. 2D19-1988 (Fla. 2d DCA Aug. 7, 2020) (reversed and remanded)
  • Usury: An otherwise non-usurious loan does not become usurious merely because usurious interest is claimed or demanded under it – World O World Corp. v. Patino, No. 3D20-0062 (Fla. 3d DCA Aug. 5, 2020) (reversed and remanded)
  • Novation: Taking over the obligation of unpaid assessments amounts through deed does not create a novation of the contract between the parties – C.V.P. Cmty. Ctr., Inc. v. McCormick 105, LLC, No. 4D19-1515 (Fla. 4th DCA Aug. 5, 2020) (reversed)

Financial Services Update

  • FCCPA / FDCPA: Convenience fees assessed against borrower in connection with making payments to loan servicer are not considered a debt under the FCCPA or FDCPA, and the loan servicer is not considered a debt collector when collecting such fees – Kelly v. Ocwen Loan Servicing, LLC, No. 3:20-cv-00050 (M.D. Fla. July 31, 2020) (dismissing action with prejudice)
  • FDCPA: In a letter attempting to collect a debt, a statement that a debtor’s credit report may be negatively impacted if the debtor does not contact the debt collector does not confuse, mislead, or deceive the “least sophisticated consumer” such that the consumer will think he or she must pay the debt immediately or face adverse credit consequences before the 30-day statutory validation period expires pursuant to the FDCPA – Wright v. AR Resources, Inc., No. 8:20-cv-00985 (M.D. Fla. July 31, 2020)

Title Insurance Update

  • Rescission of Title Policy: Title insurer granted leave to amend to add affirmative defenses and counterclaims against insured for fraudulent inducement and rescission of title policy based on discovery indicating principal of insured falsely held herself out to be the sole member of insured and may have obtained title policy on insured’s behalf without authority – 53 Spencer Realty LLC v. Fidelity Nat’l Title Ins. Co., No. 520249/16 (N.Y. Sup. Ct. Aug. 5, 2020) (granting leave to amend)
Related Practices
Real Property Litigation Consumer Finance Title Insurance
©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.