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13 Feb 2018, 7:31 am
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
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 Nov 2017, 6:14 am
A copy of the opinion in BRE DDR BR Read more → Eric Tsai [read post]
13 Jun 2016, 7:27 am
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]
11 Jul 2019, 8:22 am
In so ruling,… Eric Tsai [read post]
10 May 2017, 6:38 am
Instead, the Court held that the state statute regulated how […] Eric Tsai [read post]
31 Mar 2017, 10:12 am
., even if the breach of contract and TILA […] Eric Tsai [read post]
10 Jun 2018, 6:25 pm
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
In so ruling, the Ninth Circuit held: When a notice of removal plausibly alleges… Eric Tsai [read post]
16 Aug 2019, 5:31 am
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]
18 Apr 2018, 1:52 pm
The Seventh Circuit also held that the Read more → Eric Tsai [read post]
4 Nov 2018, 6:22 am
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]
25 Sep 2019, 5:37 am
In so ruling, the Ninth Circuit held… Eric Tsai [read post]
13 Jul 2017, 9:34 am
In so […] Eric Tsai [read post]
16 Sep 2019, 3:13 am
In so ruling,… Eric Tsai [read post]
13 May 2019, 9:13 am
A copy of the opinion in… Eric Tsai [read post]
26 Jun 2019, 11:48 am
The Supreme Court of California recently held that the anti-deficiency statute in California Code of Civil Procedure § 580d did not bar a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a… Eric Tsai [read post]
9 May 2016, 5:11 am
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]Eric Tsai [read post]
12 Apr 2019, 9:04 am
The Court of Appeal for the Fourth District of California recently held that a trustee conducting a non-judicial foreclosure is not subject to tort liability unless it violated duties established by the deed of trust and governing statutes, or if the trustee has effectively taken… Eric Tsai [read post]
30 Jul 2019, 9:18 am
Civil Code § 1812.701(b) may utilize the procedure for curing violations under California’s Rosenthal… Eric Tsai [read post]
