Search for: "Eric Tsai" Results 21 - 40 of 104
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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]
30 Jul 2019, 9:18 am by Eric Tsai
Civil Code § 1812.701(b) may utilize the procedure for curing violations under California’s Rosenthal… 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]
26 Jun 2019, 11:48 am by Eric Tsai
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]
12 Apr 2019, 9:04 am by Eric Tsai
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]
13 Feb 2019, 11:25 am by Eric Tsai
The Court of Appeal for the Second District of California held that California’s fee shifting statue in California Civil Code § 1717 permitted a former loan servicer and foreclosure trustee to recover their attorneys’ fees authorized by the contract, even though the deed of trust… Eric Tsai [read post]
4 Dec 2018, 8:18 am by Eric Tsai
§ 224.77 because the borrower could not prove that the servicer’s alleged failure… 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]
1 Oct 2018, 7:39 am by Eric Tsai
Court of Appeals for the Eighth Circuit held that a plaintiff could not defeat federal jurisdiction under the Class Action Fairness Act based on a pre-class certification damages stipulation limiting attorney’s fees to ensure that the amount in controversy remained under CAFA’s $5… Eric Tsai [read post]
20 Sep 2018, 7:42 am by Eric Tsai
Court of Appeals for the Ninth Circuit recently reversed a trial court’s order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceeded $5 million, as required… Eric Tsai [read post]