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12 Oct 2015, 1:21 am
In September last year, the High Court found the Chans guilty of defaming two schoolmates of their children, claiming that they cheated at school. [read post]
28 Sep 2015, 5:32 am
A […] Andrew Chan [read post]
SD Fla. Provides Mixed Ruling on RESPA RFI Responses, Property Inspection Fees Assessed Post-Default
28 Sep 2015, 5:15 am
District Court for the Southern District of Florida recently dismissed with prejudice a borrowers’ allegations that a loan servicer’s response to their request for information regarding drive-by property inspections violated the federal Real Estate Settlement Procedures Act (RESPA), and dismissed the remaining state-law allegations that the drive-by inspections violated the Florida Consumer Collection […] Andrew Chan [read post]
16 Sep 2015, 4:32 am
A copy of the opinion is available at: Link […] Andrew Chan [read post]
14 Sep 2015, 3:11 am
Daly, Tall and Small Tales of a Challenged Arbitrator Andrew B. [read post]
8 Sep 2015, 7:16 am
Court of Appeals for the Ninth Circuit recently held that the district court abused its discretion in denying a plaintiff’s motion to certify a class of home buyers alleging that a scheme involving a title insurer buying minority interests in title agencies in exchange for referral of future title insurance business violated the […] Andrew Chan [read post]
2 Sep 2015, 4:27 am
The Florida Second District Court of Appeal recently reversed a trial court’s order in a mortgage foreclosure action limiting the liability of a loan servicer who acquired title by foreclosure for past-due condominium assessments, holding that the trial court lacked subject matter jurisdiction because the specific issue of assessments was not litigated or adjudicated by […] Andrew Chan [read post]
31 Aug 2015, 9:53 am
Court of Appeals for the Eleventh Circuit recently confirmed that an entity is not a “debt collector” under the federal Fair Debt Collection Practices Act, where it does not regularly collect on debts owed to a third party, and debt collection is not the principal purpose of the entity’s business, even when 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]
26 Aug 2015, 8:17 am
Wagner Graduate School of Public Service ANDREW... [read post]
12 Aug 2015, 9:09 am
[…] Andrew Chan [read post]
27 Jul 2015, 5:55 am
A copy of […]Andrew Chan [read post]
19 Jul 2015, 4:28 pm
On 14 July 2015 judgment was handed down in another non-media libel case Steve Paris and Angel Garden v Andrew Lewis and Melanie Byng [pdf]. [read post]
17 Jul 2015, 5:36 am
In so ruling, the Court confirmed that Washington does not […]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]
9 Jul 2015, 5:21 am
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act (FDCPA), federal Fair Credit Reporting Act (FCRA), and state law claims where a debt collector for a major bank pulled the debtor’s credit report and served a garnishment summons after the debtor allegedly […]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]
6 Jul 2015, 4:48 am
Court of Appeals for the First Circuit recently affirmed the dismissal of two mortgagors’ quiet title allegations against a mortgagee, holding that the plaintiff mortgagors could not assert a quiet title claim under Rhode Island law against the mortgagee defendants because Rhode Island is a title theory state, and the mortgagors’ equitable interest […]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]
29 Jun 2015, 4:29 am
A copy […]Andrew Chan [read post]
