Real Property, Financial Services, & Title Insurance Update: Week Ending April 16, 2022

Real Property Litigation   |   Consumer Finance   |   Title Insurance   |   April 16, 2022
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Real Property Update

  • Statute of Limitations / Deed / Reverter: City’s argument that grantor’s lawsuit, alleging that grantor’s deed to city terminated and reverted to grantor, was barred by section 95.36(1) because deed was executed more than 30 years before filing of grantor’s complaint failed because conveyance was not a dedication of land but rather a fee simple conveyance with an automatic reverter clause; thus, section 689.18, Florida Statutes, which deemed reverter provisions null, void and unenforceable, applied and expressly excepted from its scope conveyances to municipality, which the deed was 100 Brickell, Ltd. v. City of Miami, No. 3D20-1046 (Fla. 3d DCA Apr. 13, 2022)

Financial Services Update

No cases to report.

Title Insurance Update

  • Snap Removal: Insured’s claims against title insurer could not be removed to federal court on diversity jurisdiction grounds where title insurer attempted to remove the case before the forum defendant had been servedDeutsche Bank Nat’l Tr. Co. v. Fidelity Nat’l Title Grp., Inc., No. 2:21-cv-02265 (D. Nev. Apr. 5, 2022) (granting motion to remand)
  • Class Certification: Buyer, who brought class action based on closing agent’s allegedly improper charging of closing services fee to buyer contrary to buyer and seller’s agreement specified in FARBAR residential contract for sale and purchase, did not establish requirements of predominance and superiority under Rule 23 on its claim for breach of fiduciary duty and unjust enrichment against closing agentHaines v. Fidelity Nat’l Title of Fla., Inc., No. 8:19-cv-02995 (M.D. Fla. Feb. 17, 2022) (recommending denial of plaintiff’s motion for class certification)

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