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23 Oct 2016, 12:24 pm by Allan Enriquez
As a result, according to the Court, foreclosing entities do not have to provide a notice of default pursuant to the […]Allan Enriquez [read post]
1 Aug 2016, 7:38 am by Allan Enriquez
Because the levy of assessment at issue occurred after the title policy was […]Allan Enriquez [read post]
4 Aug 2016, 7:53 am by Allan Enriquez
Because the letter clearly stated that the law firm was acting as a debt collector, and that […]Allan Enriquez [read post]
30 Nov 2016, 7:42 am by Allan Enriquez
Court of Appeals for the Second Circuit recently held in a non-precedential opinion that a consumer, in the circumstances of this case, did not have standing to bring putative class action claims after entry of judgment in his favor on his individual claims pursuant to the defendants’ offer of judgment under Rule 68 […]Allan Enriquez [read post]
26 Oct 2016, 8:33 am by Allan Enriquez
The Appellate Court held that the trial court failed to consider whether it had […]Allan Enriquez [read post]
22 Sep 2016, 7:26 am by Allan Enriquez
However, the Court warned that not just any alleged violation of the TCPA will […]Allan Enriquez [read post]
6 Sep 2016, 8:55 am by Allan Enriquez
In reaching its decision, the Court relied on the fact that the wife signed the mortgage with her husband, and was […]Allan Enriquez [read post]
29 Aug 2016, 6:58 am by Allan Enriquez
District Court for the Northern District of California recently held that a mobile phone app designed to send messages to a phone user’s contacts did not violate the federal Telephone Consumer Protection Act because the phone user selected the message recipients and had to take several affirmative steps for the app to send […]Allan Enriquez [read post]
3 Oct 2016, 7:26 am by Allan Enriquez
Court of Appeals for the Eighth Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act for making subsequent telephone calls to a person other than the consumer regarding the location of the debtor, because the debt collector reasonably believed that the person’s initial response was […]Allan Enriquez [read post]
15 Aug 2016, 5:51 am by Allan Enriquez
Rejecting the bankruptcy court’s conclusion that the in rem foreclosure sale was scheduled to induce payment of discharged pre-petition condominium […]Allan Enriquez [read post]
16 Nov 2016, 8:24 am by Allan Enriquez
In so ruling, the Court held that “[b]ecause banks do have a duty to safeguard trust funds […]Allan Enriquez [read post]