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9th Cir. Rejects ‘Administrative Feasibility’ or ‘Ascertainability’ Class Cert. Requirement
17 Jan 2017, 8:11 am by Patrick R. Tira
In so ruling, the Ninth Circuit noted that the Sixth, Seventh, and Eighth […]Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Rules Every Debt Collector – Not Just First to Communicate – Must Comply With FDCPA’s Section 1692g
29 Sep 2016, 8:09 am by Patrick R. Tira
to communicate with a debtor — must send the debt validation notice required by the […]Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Calif. App. Court Holds Servicer May Owe Borrower Duty of Care as to Loan Mod Efforts, Loan Owner May Be Liable
22 Jul 2016, 8:50 am by Patrick R. Tira
borrower through application of the “Biakanja” factors, even though its involvement […]Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Calif. Supreme Court Holds Atty Fees to be Included in Determining Constitutional Limits of Punitive Damages Awards
5 Jul 2016, 6:44 am by Patrick R. Tira
whether the fees are awarded by the trier of fact as part of its verdict or are determined by […]Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Holds Servicer May Have Violated UDAP by Soliciting Trial Mod Payments After Determining Borrower Ineligible
22 Mar 2017, 6:30 am by Patrick R. Tira
trial modification plan payments when it had previously determined the borrower was not […] Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Calif. App. Court Denies Appeal for Preliminary Injunction Attorney’s Fees in Calif. HOBR Case
19 Sep 2016, 7:53 am by Patrick R. Tira
Wells Fargo Bank is available at: […]Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Confirms Self-Serving Testimony of Emotional Distress Insufficient Under FCRA, Commercial Losses Not Recoverable
2 Jul 2016, 4:38 am by Patrick R. Tira
where a plaintiff points to no evidence that the denial of credit was actually caused by […]Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Holds FDCPA §1692f(6) Applies to Non-Judicial Foreclosures
10 Apr 2017, 9:14 am by Patrick R. Tira
Nationstar Mortgage, LLC is […] Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Holds FDCPA Preempts State Judgment Execution Laws
8 Dec 2017, 7:46 am by Patrick R. Tira
collectors cannot evade the restrictions of federal law by obtaining a collection Read more → Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
1st Cir. Holds IRS 1099-A Forms Did Not Violate Discharge Injunction
11 Jan 2017, 7:32 am by Patrick R. Tira
A copy […]Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Calif. App. Court Holds Alleged Foreclosure by Wrong Beneficiary Enough for Wrongful Foreclosure, No Tender Required
5 Jul 2016, 9:58 am by Patrick R. Tira
Bank of America (2013) 218 Cal.App.4th […]Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Fla. App. Court (2nd DCA) Indicates FHA ‘Face-to-Face’ Requirement Applies to ‘Mortgagee and Loan Servicer’
21 Mar 2017, 7:55 am by Patrick R. Tira
§ 203.604 applied, as the mortgagee did not submit evidence “as […] Patrick R. [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
10th Cir. Affirms Refusal to Compel Arbitration as to Non-Signatory Third Parties
9 Jun 2017, 7:26 am by Patrick R. Tira
In 2009, a buyer financed […] Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
11th Cir. Holds Re-Scheduled Foreclosure Sale Does Not Extend RESPA Deadline for Submitting Loss Mit Application
17 Oct 2016, 4:50 am by Patrick R. Tira
though the sale was continued, affirming the district court’s grant of summary judgment […]Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Limits Scope of FDCPA ‘Enforcement of Security Interest’ Exception
3 Feb 2017, 9:05 am by Patrick R. Tira
ReconTrust Co., NA, 840 F.3d 618, 620 (9th […] Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Calif. App. Court (3rd Dist) Holds Servicer May Owe Borrower Duty of Care as to Loan Mod Efforts
8 Jan 2018, 7:18 am by Patrick R. Tira
a borrower through application of the “Biakanja” factors, even though Read more → Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Limits Subsequent Good-Faith Transferee Exception in Bankruptcy Fraudulent Transfer Actions
12 Oct 2017, 8:09 am by Patrick R. Tira
the third parties were initial transferees of the debtor corporation’s funds Read more → Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
2nd Cir. Remands False Claims Act Claim on Materiality of Bank’s Representations
21 Sep 2017, 7:38 am by Patrick R. Tira
remanded the case to the trial court to determine whether the relators adequately alleged Read more → Patrick [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
SD Calif. Holds No Standing For TCPA Plaintiff Alleging 290 Nonconsensual Calls
16 Aug 2016, 5:16 am by Patrick R. Tira
Department Stores National Bank et al is available here: […]Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Applies Anti-Deficiency Protections to Debtors’ Bankruptcy Estate Where Property of Estate is Sold in Non-Judicial Foreclosure
12 May 2017, 12:41 pm by Patrick R. Tira
In April 2009, two debtors purchased […] Patrick R. Tira [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/