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Real Property, Financial Services, & Title Insurance Update: Week Ending April 29, 2022
April 29, 2022

Real Property Update

  • Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to rectify deficiencies in the association’s operation because the receiver’s statutory duty was to satisfy the outstanding judgment of the association’s creditor and, thus, once the judgment was satisfied, the receivership ended – Ross-Williams v. Leali, No. 3D21-2259 (Fla. 3d DCA Apr. 27, 2022) (reversed and remanded)

Financial Services Update

  • FCRA / Standing: Where plaintiff’s FCRA claim was based solely on the bare procedural violation of missing information in her credit report, she lacked Article III standing – Muha v. Experian Info. Sols., Inc., No. 8:22-cv-00077 (C.D. Cal. Apr. 25, 2022) (granting in substantial part motion to remand)
  • FCRA / Preemption: Breach of contract claim based upon inaccurate credit reporting was not preempted by FCRA because defendant allegedly imposed upon itself the requirement to stop inaccurately reporting negative credit – Hogan v. Central Loan Admin., No. 2:22-cv-00039 (E.D. Cal. Apr. 25, 2022) (granting in part and denying in part motion to dismiss)

Title Insurance Update

No cases to report

 
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