Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. IX, Issue 20
Cases of interest this week include:
Renfroe v. Nationstar Mortgage, LLC, Case No., 15-10582 (11th Cir. 2016).
A lender must respond to a borrower’s notice of error under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e)(2) (“RESPA”), by conducting a reasonable investigation of the alleged error. Damages must be pled in order to state a claim under RESPA, but overcharges will satisfy this requirement.
Michel v. Bank of New York, Case No. 2D14-3022 (Fla. 2d DCA 2016).
The Business Records Exception to the Hearsay Rule does not require a witness to have personal knowledge of a prior servicer’s business practices or to participate in the lender’s “boarding” process in order to admit the prior lender’s documents into evidence.
Underwater Engineering Services, Inc. v. Utility Board of the City of Key West, — So. 3d —-, 2016 WL 2731438 (Fla. 3d DCA 2016).
A contractor breaches a contract if it fails to give notification of its work (and opportunity to inspect) to an owner during the contract process and as required by the contract.
Colonnade 101 SE, Inc. v. Cordero, — So. 3d —-, 2016 WL 2744495 (Fla. 3d DCA 2016).
A party cannot appeal a trial court order which grants the relief it requested.
Goodman v. Rose Realty West, Inc., — So. 3d —-, 2016 WL 2744975 (Fla. 4th DCA 2016).
A real estate broker is liable for the acts of his or her sales agent in failing to disclose defects in a home which materially affects the value of home, and the broker is not insulated from liability merely because the sales agent is also the seller of the home.
Rivera v. Bank of America, Case No. 5D13-1618 (Fla. 5th DCA 2016).
A debtor who “surrenders” their real property in their bankruptcy proceedings relinquishes the property to the lender in state court foreclosure proceedings.