REAL PROPERTY UPDATE

  • Foreclosure: trial court violated purchaser’s procedural due process rights in setting aside judicial sale of property without giving notice to purchaser. Further, trial court abused its discretion in setting aside judicial sale on basis of borrower’s perfunctory objection to sale - Skelton v. Lyons, Case no. 2D13-4129 (Fla. 2d DCA Feb. 11, 2015) (reversed and remanded).
  • Foreclosure: motion challenging foreclosure sale legally insufficient unless it raises issues relating to conduct of the sale such as fraud, mistake, or other irregularity - Salazar v. HSBC Bank, No. 3D14-230 (Fla. 3d DCA Feb. 11, 2015) (reversed).
  • Foreclosure: trial court lacked authority to reconsider its final summary judgment in foreclosure action based on untimely motion filed under Florida Rule of Civil Procedure 1.530 - Foche Mortgage, LLC v. CitiMortgage, Inc., Case No. 3D14-521 (Fla. 3d DCA Feb. 11, 2015) (reversed and remanded).
  • Foreclosure/Standing: final judgment of foreclosure in favor of bank must be reversed because bank failed to prove sufficient evidence it had standing to enforce promissory note at time complaint filed - Henderson v. Deutsche Bank, No. 4D13-1780 (Fla. 4th DCA Feb. 11, 2015) (reversed and remanded).

TITLE INSURANCE UPDATE

  • CPL: as soon as lender has knowledge of specific acts of the settlement agent that may trigger CPL coverage and that the collateral is insufficient to cover the amount of the loan, 90 day notice provision is triggered - Regions Bank v. Stewart Title Guaranty Co., Case No. 4:13-cv-195 (D.S.C. Feb. 3, 2015) (order interpreting Florida CPL and granting motion for summary judgment).
  • CPL: lender’s failure to give notice under CPL within 90 days of discovery of discovery of loss, completely absolves title insurer of liability - Regions Bank v. Stewart Title Guaranty Co., Case No. 4:13-cv-195 (D.S.C. Feb. 3, 2015) (order interpreting Florida CPL and granting motion for summary judgment).