Real Property, Financial Services, & Title Insurance Update: Week Ending March 25, 2022

Real Property Litigation   |   Consumer Finance   |   Title Insurance   |   March 25, 2022
Download Download   
Share Share Page

Real Property Update

  • Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made before execution of the agreement, that was not enough to foreclose liability for fraud; the parties would have needed to agree that even if a fraud may have been committed, such a claim may not be asserted – NM Residential, LLC v. Prospect Park Dev., LLC, No. 2D20-3012 (Fla. 2d DCA Mar. 25, 2022)
  • Assignment of Benefits / Homestead: Florida Constitution Article X, Section 4’s restrictions on sale, devise, or alienation of homestead property were not to be treated as impediments to assignment of post-loss insurance benefits; because those homestead protections were inapplicable and did not involve a transfer of real property, appellant’s purported noncompliance with Florida Statutes sections 689.01 and 689.111 was immaterial – All Ins. Restoration Servs., Inc. v. Am. Integrity Ins. Co. of Fla., No. 4D21-89 (Fla. 4th DCA Mar. 23, 2022) (reversing trial court’s dismissal of complaint)
  • Contract for Sale of Real Property / Specific Performance / Statute of Frauds: There was no written agreement signed by both parties as required by statute of frauds; record reflected an initial offer signed by buyer and thereafter only unsigned text messages and emails exchanged between buyer’s and sellers’ agents; sellers did not sign the initial contract and neither party signed the modification of price and closing date – Walsh v. Abate, No. 4D21-1463 (Fla. 4th DCA Mar. 23, 2022) (affirming dismissal)


Financial Services Update

  • FCRA / Disclosure: Provision of FCRA requiring disclosure of “all information in the consumer’s file” upon consumer’s request did not require disclosure of all the information in credit reporting agency’s internal-only administrative reports; credit reporting agency’s failure to disclose to consumers “soft inquiries” from third parties did not violate FCRA; credit reporting agency’s failure to disclose behavioral data about consumers maintained in agency’s database did not violate FCRA; credit reporting agency’s alleged failure to disclose dates on which consumers’ employment dates were reported to agency did not violate FCRA – Tailford v. Experian Info. Sols., Inc., No. 20-56344 (9th Cir. Mar. 1, 2022) (affirming dismissal)
  • FDCPA, TILA & RESPA / Res Judicata: Plaintiff’s claims for violations of the FDCPA, TILA, and RESPA all arose from the same factual grouping that supported her defenses in her state foreclosure case and consisted of identical claims or claims that are based on the same facts and, thus, were barred by res judicata – Borrani v. Nationstar Mortg. LLC, No. 7:20-cv-01444 (S.D.N.Y. Mar. 21, 2022)
  • FDCPA / Standing: Plaintiff failed to demonstrate that he suffered any concrete harm because he has not alleged, let alone demonstrated, that he suffered any monetary or reputational harm; instead, plaintiff claimed only that the payment letter at issue caused him confusion and concern, which were insufficient to establish a concrete injury sufficient to confer Article III standing – Schmelczer v. Penn Credit Corp., No. 7:20-cv-02380 (S.D.N.Y. Mar. 23, 2022) (granting defendant’s summary judgment motion)

Title Insurance Update

  • No cases of interest to report.

©2023 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.

Subscribe to Publications


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.