Real Property, Financial Services, & Title Insurance Update: Week Ending May 7, 2021

Real Property Litigation   |   Consumer Finance   |   Title Insurance   |   May 7, 2021
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Real Property Update

  • Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021) (affirmed and remanded with instructions)
  • Foreclosure Judgment / Section 702.036: Florida Statutes section 702.036 precluded the court from granting relief that adversely affected quality and character of title – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021) (affirmed and remanded with instructions)

Financial Services Update

  • FDCPA / Debt: Definition of “debt” for purposes of FDCPA requires a consumer transaction; tortious activity will not sufficeCampbell v. Douglas Knights & Assocs., Inc., No. 3:21-cv-01667 (N.D. Cal. May 3, 2021)
  • TILA / Available Remedies: TILA does not allow for rescission and damages where property at issue is not purchased “primarily for personal, family, or household purposes” Gilliam v. Levine, No. 2:18-cv-02580 (C.D. Cal. Apr. 27, 2021)
  • FDCPA / Debt: Child support payments are not “debts” for purposes of the FDCPA – Williams v. Aerna, Inc., No. 1:21-cv-00321 (E.D. Cal. May 4, 2021)
  • FDUTPA / Statute of Limitations: Claims under FDUPTA generally begin to accrue upon purchase because the discovery rule does not apply to FDUPTA claims Pelayo v. Hyundai Motor Am., Inc., No. 8:20-cv-01503 (C.D. Cal. May 5, 2021)

Title Insurance Update

No cases of interest to report.

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