Real Property, Financial Services, & Title Insurance Update: Week Ending October 19, 2018

Real Property Update

Chapter 720 / Prevailing Party Fees: developer that successfully defended against association's lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys' fees and costs based on Florida Statutes, section 720.305(1) - Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC, No. 1D17-5241 (Fla. 1st DCA Oct. 15, 2018) (affirmed) Foreclosures / Condition Precedent: plaintiff adequately established at trial that predecessor in interest satisfied condition precedent to filing suit by providing written notice of default - Thorlton v. Nationstar Mortg., LLC, No. 2D17-2328 (Fla. 2d DCA Oct. 17, 2018) (affirmed) Financial Services Update

FDCPA / Dismissal: dismissing FDCPA claims based on state court action as untimely under §1692k(d) because general course of litigation did not give rise to continuing violations, and dismissing remainder FDCPA claims under §1692e after applying heightened pleading standard under Rule 9(b)-Melford v. Kahane & Assocs., No. 18-cv-60881 (S.D. Fla. Oct. 17, 2018) FDCPA / Rooker-Feldman Doctrine: entering judgment on the pleadings on FDCPA claim that defendants misrepresented the character and legal status of the debt under §1692e(2)(A) under the Rooker-Feldman doctrine, where the debt stemmed from a state court default judgment -Bradley v. Selip & Stylianou, LLP, No. 17-CV-6224-FPG (W.D.N.Y. Oct. 15, 2018) Title Insurance Update

Collateral Source Rule: where the defendant procures title insurance for the benefit of the plaintiff, the plaintiff cannot then rely on the collateral-source rule for a double recovery -Sky View at Las Palmas, LLC v. Mendez, No. 17-0140 (Tex. June 1, 2018) (opinion reversing and remanding) Settlement: where plaintiff claims single, indivisible injury from multiple defendants, then settles with some, settlement amounts must be set off against judgment -Sky View at Las Palmas, LLC v. Mendez, No. 17-0140 (Tex. June 1, 2018) (opinion reversing and remanding) Attorney Discipline: public censure appropriate discipline for attorney who violated New York Rules of Professional Conduct by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, engaging in conduct prejudicial...