ARTICLE · 26 SEPTEMBER 2017

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

Carlton Fields

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Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

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Sarah Cortvriend

Scott D. Feather

Ilan A. Nieuchowicz

Christopher Smart

Marty J. Solomon

Matthew J. Tyson

REAL PROPERTY UPDATE

Summary judgment: trial court erred by denying borrower's motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing LP, Case No. 2D15-3495 (Fla. 2d DCA Sept. 6, 2017) (reversed and remanded).

FINANCIAL SERVICES UPDATE

TILA: borrower could not sustain cause of actions for violation of TILA for failing to disclose private mortgage insurance charges because lender corrected error and refunded premiums within 60 days after discovering the error, in accordance with 15 U.S.C. § 1640(b). Bennett v MERS, Inc., et al., Case No. 3D17-0001 (Fla. 3d DCA Sept. 6, 2017) (summary judgment affirmed).

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