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Marty J. Solomon

Marty J. Solomon

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Overview

Marty Solomon is a real property litigator. He defends title insurers nationwide in direct litigation, coverage litigation, bad faith actions, title agent defalcation response, and class action defense. Marty’s practice also extends to expert witness services for title insurers, general real property litigation, generally as counsel retained by a title insurer, and electronic discovery disputes in federal courts. He has defended state and federal consumer class actions around the country on behalf of title insurance underwriters, telecommunications carriers, and retailers. Marty has represented clients in state and federal courts, arbitrations, and mediations, in disputes throughout Florida, as well as in Georgia, Ohio, Illinois, Michigan, New Hampshire, New York, Pennsylvania, and the Virgin Islands.

Marty also represents commercial lenders in creditor’s rights and lien priority litigation, as well as developers and commercial landlords in contract disputes.

Marty is an avid cyclist, skier, and photographer.

Featured Insights

Experience

  • Stewart Title Guaranty Co. v. Machado, 2018 WL 1877465 (M.D. Fla. April 19, 2018) (granting summary judgment to title insurer in coverage action, where title insurer had paid the cost of litigation to cure a defect in the insured mortgage).
  • Downing v. Fidelity Nat’l Title Ins. Co., No. 3:16-cv-00119 (11th Cir. April 12, 2018) (per curiam affirming dismissal at 2017 WL 352064 (N.D. Ga. Sept. 13, 2017). Putative class action against six title insurers alleging unlawful conspiracy to defraud purchasers of title insurance in Georgia by scheming to eliminate discounts from published premiums dismissed with prejudice because, inter alia, alleged misrepresentations of law are not actionable, and even if actionable, were not proximate cause of alleged injury to plaintiff.
  • Stewart Title Guaranty Co. v. Machado, 2017 WL 3622006 (M.D. Fla. Aug. 23, 2017) (staying bad faith counterclaim against title insurer’s declaratory judgment action for coverage).
  • Ober v. Town of Lauderdale-by-the-Sea, No. 4D14-4597, ___ So. 3d ___ (Fla. 4th DCA Jan. 25, 2017). Counsel for Amicus Curiae The Florida Land Title Association, which appeared in the case for the first time on rehearing. Opinion on rehearing, withdrawing prior opinion and construing Florida’s lis pendens statute to discharge liens placed on property between a final judgment of foreclosure and a judicial sale.
  • Kahama VI, LLC v. HJH, LLC, et al., 2016 WL 7104175 (M.D. Fla. Dec. 12, 2016) (expert witness for Old Republic National Title Company, opinion supporting summary judgment, which was granted to the title insurer in a coverage dispute with an insured lender).
  • Old Republic National Title Insurance Co. v. Guardian Title and Escrow, Inc., Case No. 2016-CA-285 (Fifth Cir. Sumter County, Florida August 15, 2016) (granting ex parte motion to appoint receiver, for injunction, and for break order against title insurance agent).
  • Downing v. Fidelity National Title Ins. Co. et al., Case No. 3:15-cv-00154-TCB (N.D. Ga. June 9, 2016) (granting motion to dismiss putative class action alleging overcharging for title insurance).
  • Diaz v. Bank of America, N.A. et al., Case No. 9:15-cv-80224-KLR (S.D. Fla. July 15, 2015) (granting motion to dismiss putative class action alleging mishandling of tax payments by title insurance agency).
  • Old Republic National Title Insurance Co. v. First American Title Insurance Co.,2015 WL 1530611 (M.D. Fla. April 6, 2015) (granting in part title insurer’s motion to dismiss counterclaims in reinsurance dispute).
  • Old Republic National Title Insurance Co. v. First American Title Insurance Co., 2015 WL 1349817 (M.D. Fla. March 25, 2015) (denying motion to dismiss title insurer’s negligence claim based on faulty underwriting of underlying loan policies in a reinsurance dispute) (Linked to Law360 article on the decision).
  • Higgins v. Commonwealth Land Title Ins. Co., Case No. 04-365-CA (Fla. 4th Cir., Nassau County, April 21, 2014) (slip op.) (summary judgment in favor of title insurer and against certified class of refinancing borrowers who alleged they had been overcharged by not being provided reissue rates for title insurance).
  • Alberton v. Commonwealth Land Title Ins. Co., 2014 WL 1643705 (E.D. Pa. April 25, 2014) (decertifying class of refinancing borrowers who alleged they had been overcharged by not being provided reissue and refinance rates for title insurance).
  • McGee v. Commonwealth Land Title Ins. Co., 2013 WL 4850298 (11th Cir. Sept. 12, 2013) (affirming dismissal of breach of contract claims brought against title insurer by condominium unit purchasers who alleged that defects in declaration caused entire condominium regime to fail).
  • Lake Buena Vista Vacation Resort, L.C. v. Lawyers Title Ins. Corp., 95 So. 3d 244 (Table) (Fla. 5th DCA Aug. 21, 2012) (per curiam affirmance of summary judgment in favor of title insurer against defalcation claim where no title commitments had been issued in favor of buyers because condominium project had not yet been constructed).
  • Lowe v. Lawyers Title Ins. Corp., Case No. 312009CA10974 (Fla. 19th Cir. July 23, 2012) (final summary judgment in favor of title insurer against defalcation and negligence claims based on theft of escrowed funds by a separate escrow company owned by a licensed title agent).
  • Susser v. OptimumBank, 86 So. 3d 1137 (Table) (Fla. 4th DCA May 2, 2012) (per curiam affirmance of summary judgment in favor of institutional lender in mortgage priority dispute with holder of “silent second” mortgage that had been recorded before institutional lender’s mortgage).
  • Brinker v. Chicago Title Ins. Co., 2012 WL 1081182 (M.D. Fla. March 30, 2012) (Porcelli, Magistrate) (denying class certification because individualized issues of loss causation predominated in closing protection letter suit by condominium buyers who alleged that they would not have purchased units if attorney closing agent had made more or different disclosures), adopting report and recommendation at 2012 WL 1081211 (M.D. Fla. Feb. 9, 2012) (Whittemore, J.). 
  • McGee v. Commonwealth Land Title Ins. Co., 2012 WL 263000 (M.D. Fla. Jan. 30, 2012) (order dismissing claims by condominium buyers that developer’s alleged failure to make required disclosures, secure administrative approval, and set aside sufficient common elements caused entire condominium regime to fail, creating a covered title defect).
  • Brinker v. Chicago Title Ins. Co., 8:10-cv-01199-JDW-AEP (M.D. Fla. Sept. 9, 2011) (granting protective order against discovery of joint defense privileged communications between title insurance underwriter and title agent defending claims under closing protection letters).
  • Represented a major title insurance underwriter in recouping the vast majority of a multi-million dollar title agent defalcation loss from its liability insurer, recovering a condominium purchased with stolen funds by the title agent, then coordinating with Florida’s office of statewide prosecution to secure a 10-year prison sentence and a $6.8 million restitution order against the title agent’s principal.
  • Corwin v. Lawyers Title Ins. Co., 276 F.R.D. 484, No. 09–13897, 2011 WL 3346824 (E.D. Mich. Aug. 1, 2011) (obtained denial of class certification in putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums).
  • Partell v. Lawyers Title Ins. Corp., No. 08-CV-166S, 2011 WL 4974730 (W.D.N.Y. Sept. 30, 2011) (order dismissing putative class action complaint based on the named plaintiffs’ failure to state a claim under Section 8 of the Real Estate Settlement Procedures Act (RESPA) and declining to exercise supplemental jurisdiction over remaining state law claims).
  • Macula v. Lawyers Title Ins. Co., 272 F.R.D. 214 (N.D. Ohio 2011) (order finding case moot and that court lacked subject matter jurisdiction due to denial of class certification and Rule 68 offer of judgment for amount of named plaintiff's individual claim).
  • Macula v. Lawyers Title Ins. Co., 264 F.R.D. 307 (N.D. Ohio 2009) (obtained denial of putative statewide consumer class action against title insurance underwriter alleging overcharging for title insurance premiums).
  • Hoving v. Lawyers Title Ins. Corp., 256 F.R.D. 555 (E.D. Mich. 2009) (obtained denial of class certification in putative multistate class action alleging overcharging for title insurance premiums).
  • Smith v. Lawyers Title Insurance Corp., No. 07-12124, 2009 WL 514210 (E.D. Mich. Mar. 2, 2009) (obtained dismissal of putative multistate class action alleging violations of RESPA, unfair trade practices, and unjust enrichment based on alleged overcharging for title insurance).
  • Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008) (granting writ of certiorari to quash a trial court discovery order that had required the production of over 300,000 title agent closing files in a putative class action involving title insurance rates).
  • Lehman Bros. Holdings, Inc. v. Hirota, et al., 2007 WL 1471690, No. 8:06-CV-2030 (M.D. Fla. May 21, 2007) (granting motion to dismiss on economic loss rule grounds, negligence, fraud, and conspiracy claims against title insurer and closing agent that were based on same facts as breach of closing instruction and breach of closing protection letter contract claims).
  • Chicago Title Co. v. Alday-Donalson Title Co. of Florida, Inc., 832 So. 2d 810 (2d DCA 2002) (affirming dismissal and summary judgment in favor of client Stewart Title Guaranty Company).
  • Represented a major title insurance underwriter in coordinating resolution of claims stemming from a multi-million dollar title agent defalcation, obtaining a $1.89 million restitution order and coordinating with criminal authorities who obtained a five-year jail term for the principal of the title agent.

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Recognition

  • Selected for inclusion in Florida Super Lawyers (2018)
  • AV Rated by Martindale-Hubbell

Professional & Community Involvement

  • Member, The Sedona Conference
    • Working Groups 1 & 11
  • The Florida Bar
    • Real Property, Probate, and Trust Litigation Section
      • Co-Chair of the Real Property Litigation Committee
  • American Bar Association
    • Section of Litigation - Tort Trial and Insurance Practice Section
      • Title Insurance Committee
  • Florida Bar Association 
  • Federal Bar Association  
  • Hillsborough County Bar Association

Speaking Engagements

  • “The New ALTA Closing Protection Letter,” FLTA Claims Defense Rountable (April, 2018)
  • “Thirteen Ways to Improve Your Legal Writing,” Florida Bar Real Property, Probate, and Trust Section CLE
  • “Closing Protection Letter Law Developments,” Fidelity National Title Group in house CLE (March 2018)
  • "Title Insurers’ Handling of Title Agent Defalcations," Fidelity National Title Group in house CLE (March 25, 2014)
  • “Frame and Anchor: Use The Psychology of Mediation to Your Advantage,” Stewart Title Guaranty Company Claims College, Tampa, FL (January 16, 2013)
  • “Fewer Closings, More Protection: Trends in Closing Protection Letter Litigation,” Florida Land Title Association, St. Petersburg, FL (April 14, 2010)
  • “To Pay or Not to Pay, That is the Question: Are Consequential Damages Recoverable Under an Owner’s Policy for a Partial Failure of Title?” American Bar Association Title Insurance Litigation Committee Spring Seminar & Meeting, San Antonio (February 29, 2008)
  • “Attorney/Client Privilege Issues in Title Insurance Claims Handling and Litigation,” The Claims Avoidance Roundtable, Florida Land Title Association, Orlando, FL (April 18, 2007)
  • “Avoiding Bad Faith Claims In Florida’s Title Insurance Industry,” The Claims Avoidance Roundtable, Florida Land Title Association (April 2006)
  • “Developments in Equitable Subrogation,” The Claims Avoidance Roundtable, Florida Land Title Association (April 2004)

Credentials

Education
  • Tulane Law School (J.D., magna cum laude, 2001)
  • New College of Florida (B.A., 1998)
Bar Admissions
  • Florida
Court Admissions
  • Florida Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Disclaimer

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.