Real Property Update

  • Imputation of Implied Actual Notice: the fact that an unrelated purchaser of property was aware that seller was being sued on an unsecured indebtedness did not create a legal duty on the part of purchaser to assure that specific unsecured creditors were paid. Villamizar v. Luna Capital Partners, LLC, No. 3D18-112 (Fla. 3d DCA Oct. 24, 2018) (affirmed)
  • Chapter 720 / Prevailing Party Fees: developer that successfully defended against association's lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys' fees and costs based on Florida Statutes, section 720.305(1) – Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC, No. 1D17-5241 (Fla. 1st DCA Oct. 15, 2018) (affirmed)

Financial Services Update

  • FDCPA / Dismissal: dismissing FDCPA claims based on state court action as untimely under §1692k(d) because general course of litigation did not give rise to continuing violations, and dismissing remainder FDCPA claims under §1692e after applying heightened pleading standard under Rule 9(b)–Melford v. Kahane & Assocs., No. 18-cv-60881 (S.D. Fla. Oct. 17, 2018)
  • FDCPA & FCCPA / Mortgage Statements, Mortgage Assistance Letter, & Escrow Letter: mortgage statements were not debt collection communications under either statute, where they were "substantially in compliance with TILA", and did "not materially deviate in substance from the Regulation X model form"; mortgage assistance letter providing information regarding foreclosure alternatives was not debt collection; but escrow letter including language regarding attempt to collect a debt was debt collection, and failure to comply with notice and cure provisions of mortgage was not proper basis for dismissal of FDCPA and FCCPA claims – Mills v. Select Portfolio Servicing, Inc., No. 18-CV-61012, 2018 WL 5113001, at *1 (S.D. Fla. Oct. 19, 2018) (granting in part and denying in part motion to dismiss FDCPA and FCCPA claims)

Title Insurance Update

  • Collateral Source Rule: where the defendant procures title insurance for the benefit of the plaintiff, the plaintiff cannot then rely on the collateral-source rule for a double recovery –Sky View at Las Palmas, LLC v. Mendez, No. 17-0140 (Tex. June 1, 2018) (opinion reversing and remanding)
  • Settlement: where plaintiff claims single, indivisible injury from multiple defendants, then settles with some, settlement amounts must be set off against judgment –Sky View at Las Palmas, LLC v. Mendez, No. 17-0140 (Tex. June 1, 2018) (opinion reversing and remanding)

Continue reading on

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.