REAL PROPERTY UPDATE

  • Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it was a nonholder in possession of the note with the rights of a holder – Rodriguez v. Wells Fargo Bank, N.A., Case No. 4D14-100 (Fla. 4th DCA Oct. 14, 2015) (reversed and remanded for entry of involuntary dismissal)
  • Eminent Domain/Attorneys’ Fees: DOT’s 2005 offer was an attempt to acquire property in an arm’s length transaction and was not a presuit offer on which calculation of attorneys’ fees could be based in eminent domain proceedings – Gen. Commercial Props., Inc. v. State of Fla. Dept. of Transportation, Case No. 4D14-0699 (Fla. 4th DCA Oct. 14, 2015) (affirming trial court’s determinations)
  • Foreclosure/Standing: trust failed to prove it had possession of original note containing undated, blank endorsement before Trust filed original complaint – Peoples v. SAMI II Trust 2006-AR6, Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee, Case No. 4D14-2757 (Fla. 4th DCA Oct. 14, 2015) (reversed and remanded for entry of judgment for the borrower)
  • Estates/Surrender of Property: when property is titled in decedent, but another claims a colorable right to possess the property, question of who should temporarily possess the property pending final resolution of entitlement should be resolved by a prompt preliminary evidentiary hearing – Delbrouck v. Eberling, Case No. 4D15-135 (Fla. 4th DCA Oct. 14, 2015) (reversed and remanded for evidentiary hearing)
  • Sellers Disclosures/Jury Instructions: jury instruction that deviated from standard form instruction for breach of contract not reversible error because it tracked provision of the contract as well as language in complaint - Atlantica One, LLC, etc. v. Adragna, Case No. 5D14-3305 (Fla. 5th DCA Oct. 16, 2015) (affirmed)
  • Pleadings/Attachments: at pleading stage Fannie Mae did not need to attach evidence proving its allegations that it had standing to maintain suit – Fed. Nat’l Mortg. Ass’n v. Legacy Parc Condo. Ass’n, Inc., Case No. 5D14-3570 (Fla. 5th DCA Oct. 16, 2015) (reversed and remanded for further proceedings)

TITLE INSURANCE UPDATE

  • Statute of Limitations: declining jurisdiction to review second DCA’s affirmance of summary judgment that insured’s claim based on belief that it was purchasing raw land, as opposed to condominium units, accrued no later than the date that insured referred to the property as condominium units – West Brook Isles Partner’s 1, LLC v. Commonwealth Land Title Ins. Co., Case No. SC15-963 (Fla. Oct. 12, 2015) (declining to accept jurisdiction)
  • RESPA: CFPB bulletin citing grave concerns about the use of marketing services agreements as quid pro duo for referral of business where fees paid based on number of referrals and thus as a means of evading RESPA’s prohibition on payment and acceptance of kickbacks and referral fees – CFPB Compliance Bulletin 2015-05 (Oct. 8, 2015)
  • Coverage: error in subdivision map that leads to insured’s lot being renumbered does not in itself give rise to a claim under the policy – Kessee v. First American Title Co., Case No. E060876 (Cal. App. Oct. 7, 2015) (affirming summary judgment)