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27 Mar 2017, 10:08 am by Eric Tsai
The Bankruptcy Appellate Panel for the Eighth Circuit recently held that a secured creditor obtained a valid lien on collateral because technical defects in the bill of sale did not invalidate a transfer of title to the collateral, and rejected the argument that the secured creditor should have inspected the bill of sale before advancing […] Eric Tsai [read post]
13 Feb 2018, 7:31 am by Eric Tsai
The Court of Appeal of California, First District, recently held that an assignee of the original beneficiary of a deed of trust, as the current holder of an obligation, has the right under California Civil Code § 2941(b)(6) to prove damages against the title company that allegedly recorded a release of the deed of trust Read more → Eric Tsai [read post]
8 Jul 2019, 6:47 am by Eric Tsai
The Court of Appeal of the State of California, First Appellate District, recently held that California Civil Code § 2924c permits a borrower to reinstate a modified home mortgage loan by paying only the past due modified payments and associated fees and charges, and that… Eric Tsai [read post]
13 Jun 2016, 7:27 am by Eric Tsai
As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of Appeal of the State of Florida, Fifth District, recently dismissed a borrower’s appeal from a final judgment of foreclosure because the borrower admitted during the course of his bankruptcy proceeding […]Eric Tsai [read post]
10 Jun 2018, 6:25 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently held that: (1) the credit reporting agency’s reporting of short sales was not inaccurate or misleading, even though it knew that… Eric Tsai [read post]
10 Oct 2019, 10:41 am by Eric Tsai
In so ruling, the Ninth Circuit held: When a notice of removal plausibly alleges… Eric Tsai [read post]
16 Aug 2019, 5:31 am by Eric Tsai
Court of Appeals for the Second Circuit recently affirmed the dismissal of a claim under the federal Fair Debt Collection Practices Act holding that an FDCPA violation occurs, for the purposes of the FDCPA’s one year statute of limitations, when an individual is injured… Eric Tsai [read post]
4 Nov 2018, 6:22 am by Eric Tsai
Court of Appeals for the Eleventh Circuit recently affirmed a class settlement where the defendant allegedly violated the federal Fair and Accurate Credit Transactions Act (FACTA) by printing point-of-sale credit card receipts that included more than the last five digits of the card… Eric Tsai [read post]