Real Estate, Financial Services and Title Insurance Update: Week Ending May 28, 2021 | Carlton Fields

Real Estate Update

  • Foreclosure / Return of Original Loan Documents: The foreclosure plaintiff is entitled to the return of their original loan documents in the absence of a final judgment quashing the note Wilmington Sav. Fund Soc’y FSB c. morroniNo. 2D20-3085 (Fla. 2d DCA 28 May 2021) (reversed and returned with instructions)

Financial Services Update

  • FDCPA / Standing: The consumer failed to establish concrete harm in fact to maintain Article III as a cause of action under the FDCPA, and his alleged harm was not attributable to the alleged violation of the FDCPAPreisler v Eastpoint Recovery Grp., Inc.No. 0: 20-cv-62268 (SD Fla. May 25, 2021) (granting motion to dismiss and judgment on pleadings)

  • FDCPA: When the debtor claimed that this letter was misleading because it did not identify the creditor to whom part of the debt was owed, even though this was clearly stated in the letter, the case had to be dismissed as being exactly the kind of “bizarre or idiosyncratic interpretation” outside the scope of the FDCPASadon vs. AR Res., 6:21-cv-00134 (MD Fla. May 26, 2021) (dismissing amended complaint with prejudice)

  • TCPA / Vicarious Liability: Plaintiff has not sufficiently alleged vicarious liability or agency relationshipValdes vs. Nationwide Real Estate Execs., Inc.No. 8: 20-cv-01734 (CD Cal. April 22, 2021) (granting motion to dismiss)

  • TCPA / Class Action / Numeracy: The class would not be certified after the defendant defaulted because the plaintiff failed to establish the numberFloyd vs. Saratoga Diagnostics, Inc.No. 5: 20-cv-01520 (CD Cal. May 26, 2021) (dismissing without prejudice plaintiff’s motion for group certification))

Title Insurance Update

No cases of interest to report.

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