Search for: "Eric Tsai" Results 21 - 40 of 105
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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]
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]
9 May 2016, 5:11 am by Eric Tsai
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]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]
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]
18 Sep 2019, 7:18 am by Eric Tsai
Court of Appeals for the Third Circuit recently vacated an order approving the settlement of a class action certified under Rule 23(b)(2), where the only benefit to the class was the defendant’s payment of a cy pres award to organizations that promoted data… Eric Tsai [read post]
1 Mar 2018, 8:12 am by Eric Tsai
Court of Appeals for the Eleventh Circuit recently held that a bank could not enforce an arbitration clause inserted into an amended customer account agreement during the pending litigation incident to the sale and acquisition of the bank, because the plaintiff was actively opposing arbitration and the bank failed to notify the plaintiff’s Read more → 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]
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]