REAL PROPERTY UPDATE

  • Foreclosure/Standing: plaintiff failed to meet the requirement of pre-suit ownership for standing where, although assignment contained a purported effective date before complaint was filed, it was executed after complaint was filed, and plaintiff's witness had no information other than the assignment itself, to verify when assignment took place -Kenney v. HSBC Bank USA, National Association, as Trustee, No. 4D13-4165 (Fla. 4th DCA Sept. 24, 2015) (reversed)

TITLE INSURANCE UPDATE

  • Class Action: affirming dismissal of putative class action based on Higgins and Bleich James v. First American Title Ins. Co., Case No. 1D14-4791 (Fla. 1st DCA Sept. 22, 2015) (affirming)
  • Bad Faith: judge, not jury, must determine whether insurer acted in bad faith under Virginia Code – REVI, LLC v. Chicago Title Ins. Co., Case No. 141562 (Va. Sept. 17, 2015) (affirming judgment).