Search for: "Eric Tsai"
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1 Oct 2018, 7:39 am
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]
4 Dec 2018, 8:18 am
§ 224.77 because the borrower could not prove that the servicer’s alleged failure… Eric Tsai [read post]
13 Feb 2019, 11:25 am
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]
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]
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]
25 Sep 2019, 5:37 am
In so ruling, the Ninth Circuit held… Eric Tsai [read post]
3 Apr 2017, 9:46 am
In so ruling, the Court held that the creditor was not required […] Eric Tsai [read post]
13 Jul 2017, 9:34 am
In so […] Eric Tsai [read post]
31 Jul 2017, 7:32 am
In so ruling, the Court also held that the Illinois statute for bad […] Eric Tsai [read post]
25 Jan 2016, 7:55 am
A copy […]Eric Tsai [read post]
7 Aug 2019, 7:38 am
In so ruling, the… Eric Tsai [read post]
4 Sep 2018, 5:33 am
§ 1692,… Eric Tsai [read post]
18 Apr 2018, 1:52 pm
The Seventh Circuit also held that the Read more → Eric Tsai [read post]
27 Mar 2017, 10:08 am
The Bankruptcy Appellate Panel for the Eighth Circuit recently held that a secured creditor obtained a valid lien on collateral because technical defects in the bill of sale did not invalidate a transfer of title to the collateral, and rejected the argument that the secured creditor should have inspected the bill of sale before advancing […] Eric Tsai [read post]
8 Oct 2019, 4:48 am
In so ruling, the Sixth Circuit… 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]
12 Mar 2018, 8:31 am
Read more → 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]
13 May 2019, 9:13 am
A copy of the opinion in… 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]
