Real Property, Financial Services, & Title Insurance Update: Week Ending May 13, 2022

Real Property Litigation   |   Consumer Finance   |   Title Insurance   |   May 13, 2022
Download Download   
Share Share Page

Real Property Update

  • Foreclosure / Clerk’s Registry Fees: Clerk was entitled to registry fees paid in connection with a sale that took place, even though sale was subsequently vacated – Lee Cnty. Clerk of Court v. Gavidia, No. 2D21-35 (Fla. 2d DCA May 13, 2022)
  • Contract / Substantial Compliance: Jury question existed as to whether seller complied with real estate contract’s terms by delivering an updated commitment more than two week before closing and pointing buyer to previously provided copies of documents supporting title exceptions previously delivered in connection with a prior commitment – Estate of Wolfe v. 224 Via Marila, LLC, No. 4D21-1312 (Fla. 4th DCA May 11, 2022) (reversed and remanded)

Financial Services Update

  • FCRA / Arbitration: Arbitration agreement enforceable by party that assumes a contract – Bennett v. Sys. & Servs. Techs., Inc., No. 2:21-cv-00770 (M.D. Fla. May 10, 2022) (granting motion to compel arbitration)
  • RESPA / Actual Damages: Costs incurred by a debtor’s counsel and the potential obligation to pay attorneys’ fees – without more specific allegations as to same – are insufficient to grant standing to pursue statutory damages for alleged violations under RESPA – Hogan v. Freedom Mortg. Corp., No. 5:21-cv-00782 (C.D. Cal. Apr. 7, 2022)
  • FDCPA / Standing: Plaintiff, who asserted FDCPA violations based on dunning letter’s inaccurate identification of creditor, failed to state an injury in fact, having only alleged emotional distress tied to the potential for identify theft – Ergas v. Eastpoint Recovery Grp., Inc., No. 1:20-cv-00333 (W.D.N.Y. May 10, 2022) (granting defendant’s summary judgment motion)
  • FDCPA / Conveyance of Information to Third-Party Vendor / Standing: Plaintiff’s allegations that defendant violated FDCPA by using third-party vendor to prepare and mail correspondence conveying information regarding plaintiff’s debt did not allege an injury in fact meriting Article III standing – Devitt v. Portfolio Recovery Assocs., LLC, No. 1:21-cv-05657 (E.D.N.Y. May 9, 2022) (remanded)

Title Insurance Update

No cases 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.