Business Trial Group Settles Florida Lawsuit Against Title Company

Morgan & Morgan’s Business Trial Group has settled a breach of fiduciary duty and breach of contract lawsuit against a title company stemming from the alleged mishandling of proceeds from the sale of properties.

We settled the case for nearly every penny our client was owed.

Our client took legal action after he did not receive his share of proceeds from the sale of two properties that were owned jointly by himself and his then-wife, both of whom were clients of the title company. The case demonstrates the importance of contingency-fee litigation, as our client could not afford to hire an attorney on an hourly basis. The Business Trial Group was able to settle the case for nearly every penny our client was owed.

If you believe you have suffered damages due to a title company’s errors, learn your legal options during a free case review from the Business Trial Group.

Lawsuit for Title Company Errors

In 2014, our client and his wife hired a Fort Myers, Florida-based title company to act as the settlement agent for the sale of two properties owned jointly by the couple.

The title company was provided with instructions to have the proceeds from the sale of the properties go into the couple’s joint bank account. Unbeknownst to our client, however, his then-wife was secretly planning to divorce him and provided the title company with separate wiring instructions, signed only by her, requesting that the entire proceeds of the sale be wired to her personal bank account.

Without consulting or verifying the separate wiring instructions with our client, the title company wired the sale proceeds into his then-wife’s personal account. Shortly thereafter, his then-wife filed for divorce and kept the entire sum of money. Our client was legally entitled to half of this amount.

As a result of not receiving his half of the sale proceeds, our client hired the Business Trial Group to take his title company lawsuit on a contingency-fee.

The suit claimed that the title company owed our client fiduciary duties of loyalty, care, and good faith, and that it violated these duties by not receiving our client’s approval and authorization before wiring the proceeds from the sales of the properties into a bank account not controlled by him. The claim also stated that by not wiring the proceeds from the sale to both property owners, per their agreement, the title company breach its contract with our client.

In June 2017, the Business Trial Group reached a confidential settlement with the title company on our client’s behalf. The settlement amount was worth nearly the full amount our client was owed.

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Experienced, Affordable Real Estate Dispute Attorneys in Florida

The plaintiff in the title company lawsuit is a retired U.S. marine hurt while overseas. Due to the high hourly attorney fees that most corporate litigation firms charge, he was initially unable to afford an attorney on his own. Only after hiring the Business Trial Group on a contingency-fee basis was he able to resolve the dispute and recover what he was owed.

Contingency-fee litigation helps close the “justice gap” in America.

Contingency-fee litigation is one solution to the “justice gap” that prevents many Americans from obtaining the full protection of the law. With up-front, hourly attorney fees often running into the hundreds or thousands of dollars, great legal help is often only affordable for wealthy individuals and businesses, who can use high fees as financial leverage against their opponents.

But contingency-fee real estate litigation puts individuals and business, regardless of their wealth, in a position to achieve justice. Once someone becomes a client of the Business Trial Group, there are no up-front fees of any kind, no matter how complex the lawsuit is. We only collect fees if we are able to successfully resolve the case. If we do not reach a successful resolution, the client pays no fees for the work we performed.

Receive a Free Review of Your Real Estate Lawsuit

Title companies are expected to follow professional duties of loyalty, due care, and good faith. When a title company commits an error or fails to meet their contractual obligations, and the person who hired them loses money as a result, it may be possible to file a lawsuit and recover damages.

To speak with our Florida real estate attorneys, contact Alex Braunstein at Abraunstein@forthepeople.com or submit a free case review form.