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10 Nov 2015, 8:39 am
In so ruling, the Appellate Court confirmed that it is not enough for a plaintiff to prove standing when the case is tried, […]Andrew Chan [read post]
19 Nov 2015, 4:24 am
Court of Appeals for the Sixth Circuit recently affirmed judgment on the pleadings in favor of a debt collector because the voicemail in question, which was left at the plaintiff’s business, was not a “communication” as defined by the federal Fair Debt Collection Practices Act (FDCPA) because it did not convey information about […]Andrew Chan [read post]
18 Jan 2016, 6:09 am
The District Court of Appeal of the State of Florida, Fourth District, recently reversed a final judgment in favor of a borrower based on an alleged oral modification of the mortgage and the doctrine of promissory estoppel, holding that because the mortgage fell within the statute of frauds, it could not be orally modified, and […]Andrew Chan [read post]
16 Jul 2015, 5:17 am
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s allegations under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act as to one letter, the purpose of which was to request additional information, but reversed as to two other letters, holding that they […]Andrew Chan [read post]
3 Jul 2015, 6:02 am
The Court of Appeal of the State of California, First District, recently reversed a judgment confirming an appraisal award in an action for damages to an apartment building arising from a fire, as the appraisal panel incorrectly assigned a loss value to all items submitted to it for consideration by the insured, regardless of whether […]Andrew Chan [read post]
28 Sep 2015, 5:32 am
A […] Andrew Chan [read post]
19 Jul 2016, 4:50 am
The District Court of Appeal of the State of Florida, Fourth District, recently reversed summary judgment in favor of a mortgagee, holding that a genuine issue of material fact as to whether the original plaintiff or the substituted successor in interest held the note when the complaint was filed precluded summary judgment, and thus that […]Andrew Chan [read post]
9 Nov 2015, 4:47 am
The Court of Appeal of the State of Florida, Fifth District, recently affirmed the dismissal of a check payee’s claims against the drawee bank for charging a fee to cash the check in person, holding that while section 655.85, Florida Statutes, prohibits the bank from charging such a fee, it does not create a private […]Andrew Chan [read post]
21 Mar 2016, 6:10 am
A copy of the […]Andrew Chan [read post]
25 Mar 2016, 7:36 am
The District Court of Appeal of the State of Florida, Fourth District, recently reversed summary judgment of foreclosure in favor of a mortgagee, holding that the plaintiff mortgagee failed to satisfy its heightened burden of proving the absence of any genuine issue of material fact on the issue of standing applicable because the motion for […]Andrew Chan [read post]
6 Jul 2015, 8:01 am
The Seventh Judicial Circuit Court of Florida recently denied a motion to dismiss a borrower’s counterclaims alleging violations of the Florida Consumer Collections Practices Act (FCCPA) against the owner of a mortgage loan, based on alleged communications by the servicer and foreclosure counsel with a debtor supposedly known to be represented by counsel and attempting […]Andrew Chan [read post]
3 Dec 2015, 5:30 am
A copy of the […]Andrew Chan [read post]
8 Dec 2015, 5:33 am
The District Court of Appeals of the State of Florida, Fourth District, recently reversed final judgment of foreclosure in favor of a mortgagee for entry of judgment in favor of the mortgagors, where the mortgagee failed to prove that it came into possession of the note containing an undated, blank endorsement before the foreclosure was […]Andrew Chan [read post]
4 Nov 2015, 7:30 am
District Court for the Middle District of Florida recently confirmed that Florida’s statute of limitations did not bar a mortgagee from filing a new foreclosure action based on non-payment or other kinds of defaults within the past five years, even where the prior foreclosure action was dismissed without prejudice and acceleration of the […] Andrew Chan [read post]
31 Aug 2015, 5:46 am
Court of Appeals for the First Circuit recently denied a bank’s request pursuant to the Bank Secrecy Act to shield certain business records from being produced and used in a putative class action, holding that none of the subject documents constitute a draft SAR, or reflect the decision-making process as to whether a […] Andrew Chan [read post]
19 Nov 2015, 9:49 am
In so ruling, the District Court held that such […]Andrew Chan [read post]
29 Jun 2015, 4:29 am
A copy […]Andrew Chan [read post]
22 Feb 2017, 12:46 pm
Judge Andrew Chan took Tsang's long public service and reputation into... [read post]
17 May 2016, 8:30 am
The Fourth DCA also held that the e-note was a transferable record under the Uniform Electronic Transactions […]Andrew Chan [read post]
22 Feb 2016, 5:00 am
[…]Andrew Chan [read post]