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Two recent decisions concerning title insurance illustrate that an insured's negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary. ....
Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary. ....
Real Property Update Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla. 2d DCA Apr. 9, 2021) (reversed and remanded with instructions) Bert Harris Act: Trial court was correct in granting final summary judgment and rejecting appellant’s claim under the Bert J. Harris Jr. Private Property Rights Protection Act as the claimant no longer held legal title to the property at issue and thus was not entitled to relief under the act – Purchase Agreement: Buyer’s claims were adequately covered or expressly contradicted by its purchase and sale agreement and thus not actionable where buyer sued seller alleging various causes of action relating to seller’s alleged misrepresentation and/or active concealment of the property’s physical condition ....