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 May 28, 2021
May 28, 2021

Real Property Update

  • Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB v. Morroni, No. 2D20-3085 (Fla. 2d DCA May 28, 2021) (reversed and remanded with instructions)

Financial Services Update

  • FDCPA / Standing: Consumer failed to establish concrete injury in fact to maintain Article III standing for cause of action under FDCPA, and his alleged injury was not traceable to the alleged FDCPA violation – Preisler v. Eastpoint Recovery Grp., Inc., No. 0:20-cv-62268 (S.D. Fla. May 25, 2021) (granting motion to dismiss and for judgment on the pleadings)

  • FDCPA: Where debtor claimed that letter was misleading because it did not identify the creditor to whom part of the debt was owed, even though it was plainly stated in the letter, case was due to be dismissed as exactly the kind of “bizarre or idiosyncratic interpretation” outside the scope of the FDCPA – Sadon v. AR Res., Inc., No. 6:21-cv-00134 (M.D. Fla. May 26, 2021) (dismissing amended complaint with prejudice)

  • TCPA / Vicarious Liability: Plaintiff failed to sufficiently allege vicarious liability or agency relationship – Valdes v. Nationwide Real Estate Execs., Inc., No. 8:20-cv-01734 (C.D. Cal. Apr. 22, 2021) (granting motion to dismiss)

  • TCPA / Class Action / Numerosity: Class would not be certified after defendant was defaulted because plaintiff failed to establish numerosity – Floyd v. Saratoga Diagnostics, Inc., No. 5:20-cv-01520 (C.D. Cal. May 26, 2021) (denying without prejudice plaintiff’s motion for class certification))

Title Insurance Update

No cases of interest to report.
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.