REAL PROPERTY UPDATE

  • Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a fence for at least seven years as required under 1974 statute in effect at time of enclosure - Dadd v. House, Case No. 3D13-3036 (Fla. 3d DCA Sept. 9, 2015) (reversed and remanded)
  • Foreclosure/Standing: bank failed to prove standing to foreclose when it filed complaint because bank was not payee on note, endorsement accompanying note was undated, and bank did not prove that assignment occurred before complaint filed - Harris v. HSBC Bank USA, N.A., Case No. 4D14-54 (Fla. 4th DCA Sept. 9, 2015) (reversed and remanded)
  • Foreclosure/Indispensable party: trial court should have granted bank’s motion to vacate final judgment of foreclosure because bank had failed to name fee title holder, an indispensable party, in foreclosure action and thus judgment of foreclosure was void - Citibank, N.A. v. Villanueva, Case No. 4D15-239 (Fla. 4th DCA Sept. 9, 2015) (reversed and remanded)

TITLE INSURANCE UPDATE

  • Coverage: insurer who missed recorded order of conditions that required a restrictive covenant was not liable under policy’s restrictive covenant endorsement because the order of conditions was not itself a restrictive covenant and had expired by its terms – Veeder v. Old Republic National Title Ins. Co., Case No. 14-P-883 (Mass. App. Sept. 1, 2015) (affirming dismissal)