Real Estate Update

• Foreclosure / Return of original loan documents: The foreclosure applicant has the right to return their original loan documents in the absence of a final judgment voiding the note – Wilmington Sav. Soc’y FSB Fund c. Morroni, n ° 2D20-3085 (Fla. 2d DCA May 28, 2021) (reversed and returned with instructions)

Financial Services Update

• FDCPA / Standing: The consumer has not established concrete injury in fact to maintain Article III as a cause of action under the FDCPA, and its alleged injury was not attributable to the alleged violation of the FDCPA – Preisler v Eastpoint Recovery Grp., Inc., No. 0: 20-cv-62268 (SD Fla. 25 May 2021) (allowing the motion for dismissal and for judgment on the pleadings)

• FDCPA: When the debtor claimed that this letter was misleading because it did not identify the creditor to whom part of the debt was owed, even though this was clearly stated in the letter, the case should be dismissed as being exactly the kind of “bizarre or idiosyncratic interpretation” outside the scope of the FDCPA – Sadon v. AR Res., Inc., n ° 6: 21-cv-00134 (MD Fla. 26 May 2021) (rejection of the amended complaint with prejudice)

• TCPA / Vicarious Liability: Plaintiff did not sufficiently allege vicarious liability or agency relationship – Valdes v. Nationwide Real Estate Execs., Inc., n ° 8: 20-cv-01734 (CD Cal. 22 April 2021) (motion for dismissal)

• TCPA / Class Action / Number: Group would not be certified after defendant default because plaintiff failed to establish numbering – Floyd v Saratoga Diagnostics, Inc., No. 5: 20-cv-01520 (CD Cal. 26 May 2021) (rejecting without prejudice the applicant’s request for collective certification))

Title Insurance Update

No cases of interest to report.