- FDCPA: management company that collected debts on behalf of homeowners’ association (HOA) fell within the §1692a(6)(F)(i) exemption because the company owed a fiduciary duty to the HOA and the collection of unpaid assessments on behalf of the HOA was incidental to the company’s bona fide fiduciary obligations to the HOA – Harris v. Liberty Cmty. Mgmt., Inc., No. 11-14362 (11th Cir. Dec. 19, 2012) (affirming the district court’s grand of summary judgment)
- RESPA & TILA: plaintiff’s RESPA and TILA claims were time barred where brought over one year after the mortgage closing -- Lehmann v. American Home Mortgage Corp., Case No. 6:12-cv-1077-Orl-37TBS (M.D. Fla. Dec. 19, 2012) (granting defendants’ motion to dismiss)
- Lis Pendens: potential land purchaser who filed lis pendens in connection with action to specifically enforce purchase contract was required to post a bond to maintain lis pendens, since the lis pendens was not based on a recorded instrument and might prevent the owner from selling the property -- Skymark Real Estate Investors, LLC v. 7L Capital, LLC, Case No. 6:12-cv-1300-Orl-18TBS (M.D. Fla. Dec. 19, 2012) (ordering posting of lis pendens bond within 14 days or discharging and extinguishing notice of lis pendens)
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Register11th Circuit cases (28/12/12)
USA
December 28 2012
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Sarah W Gregory
Counsel
Bed Bath & Beyond Inc
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