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12 Jun 2012, 2:13 pm
The Superior Court dismissed the borrower’s suit, and the Court of Appeals agreed. [read post]
18 Apr 2019, 8:04 pm
I tend to think that the more personalized approach of ability-to-repay requirements is superior to the one-size-fits-all approach of usury laws, but this is the conversation that we should be having, rather than urging reversal of Madden, which would open the floodgates to anything-goes lending. [read post]
10 Sep 2009, 7:16 am
In his decision, Judge Blawie wrote that Pursuit had "presented sufficient evidence to satisfy the probable cause standard with respect to their claim that UBS was in possession of superior knowledge that was not readily available" to Pursuit. [read post]
Sixth Circuit Orders Bankruptcy Court to Determine Which Mortgage Lender Owned Loan - In re: Collins
25 Aug 2011, 7:10 am
A trustee has status as a hypothetical loan creditor that is superior to the status of creditors with an unperfected interest. [read post]
15 Jul 2008, 6:30 pm
We'll start here with a few interesting verdicts: First, in the boomer department, we have a $15,072,210 verdict in Los Angeles Superior Court, Central Division (the division known warmly to the defense bar as "the bank") in Kyle Tilton v. [read post]
31 Jan 2012, 11:59 am
See California Civil Discovery Practice (CEB 4th Ed. 2011) §3.192 citing Wells Fargo Bank v. [read post]
9 Nov 2008, 10:17 pm
" I'm prompted to write about this subject based on a one paragraph Order by Judge Tennille earlier this year in Bank of America Corporation v. [read post]
13 Nov 2007, 9:00 am
Superior Court (2004) 34 Cal.4th 319, 326; accord, Fireside Bank v. [read post]
28 Sep 2009, 1:00 pm
We regularly appear in bankruptcy courts, district courts and superior courts. [read post]
5 Mar 2014, 10:00 am
Superior Court (2007) 146 Cal. [read post]
28 Jan 2024, 12:44 pm
CLS Bank Int’l, 573 U.S. 208 (2014). [read post]
14 Dec 2022, 4:00 am
If you are counting on a functioning furnace in your apartment before winter, or counting on the rent from your tenant to pay your mortgage before the bank forecloses, you may well be out of luck. [read post]
22 May 2012, 5:30 am
Most recently, in Commerce Bank/Harrisburg, N.A., v. [read post]
18 Feb 2016, 10:40 am
In the alternative, the Superior Court of New Jersey approves a Formal Accounting. [read post]
8 Nov 2016, 12:42 pm
In the alternative, the Superior Court of New Jersey approves a Formal Accounting. [read post]
23 Jul 2018, 6:41 am
In the alternative, the Superior Court of New Jersey approves a Formal Accounting. [read post]
14 Jan 2016, 8:30 am
In the alternative, the Superior Court of New Jersey approves a Formal Accounting. [read post]
4 Dec 2010, 12:19 pm
(A friend of mine at the Office of US Trustee and I joke about this as the "respondeat inferior" defense - a play upon the legal doctrine of "respondeat superior" where an employer is liable for the actions of his employees.) [read post]
18 Nov 2009, 10:11 am
And sometimes prudential regulations can also promote homogeneity, as banks would be restricted to similar kinds of investments. [read post]
11 Apr 2013, 3:00 am
Superior Court unconscionability rule to the arbitration clause in a consumer cell-phone contract. [read post]