Hilliard v. Harbour

Senior citizen who held controlling interest in corporate borrower could not state elder abuse claim against lender that foreclosed on borrower; the senior citizen suffered only derivative harm; any damage claim belonged solely to the corporate borrower.  Hilliard, a 78-year-old, owned a controlling interest in Crystal Companies, which owned radio stations.  Wells Fargo lent $20…

In re Turner (Turner v. Wells Fargo Bank, N.A.)

A borrower lacks standing to challenge foreclosure based on late assignment of the loan to a securitized trust as breach of the trust agreement renders the assignment voidable, not void, the borrower is not a third party beneficiary of that agreement, and the defects do not harm the borrower who would be foreclosed anyway.  A…

Black Sky Capital, LLC v. Cobb

CCP 580d does not bar a creditor from suing a borrower to collect on a note secured by a junior lien that was extinguished by a non-judicial foreclosure of a senior lien, even if the creditor also held the senior lien on which it non-judicially foreclosed.  Disagreeing with Simon v. Superior Court (1992) 4 Cal.App.4th…

Henson v. Santander Consumer USA, Inc.

An entity that collects debts that it has purchased for its own account is not a “debt collector” for FDCPA purposes, since it is collecting on the debts for itself and not for another.  An entity that collects debts that it has purchased for its own account is not a debt collector subject to the…

In re Keller

Reporting to a credit agency on the deliquency or overdue status of a debt is not a per se violation of the automatic stay, which only forbids collection on the debt, not reports about it.  A creditor did not violate the automatic stay or the order confirming the debtor’s Chapter 13 plan by reporting a…

People ex rel. Harris v. Aguayo

Trial court properly found defendants liable under the unfair competition law in view of their fraudulent scheme to acquire semi-abandoned properties through a combination of adverse possession and the recordation of wild deeds.  Defendants engaged in a fraudulent scheme to acquire semi-abandoned properties by adverse possession and by a variety of scams such as recording…

Hardwick v. Wilcox

Neither the statute of limitations nor a release barred borrower’s recovery for usurious interest charged in a series of roll-over notes and forbearance agreements.  Over the course of a decade, Wilcox lent Hardwick and his corporation large sums under notes which were extinguished and new notes signed for the same loans as the original due…

Midland Funding, LLC v. Johnson

Filing a facially time-barred creditor’s claim in a Chapter 13 is not a false, deceptive, misleading, unconscionable or unfair means of collecting a debt under the FCDPA, since Chapter 13 debtors are protected from paying dubious claims by the Chapter 13 trustee’s supervision of the case.  Filing a creditor’s claim in the debtor’s Chapter 13…

O’Neil-Rosales v. Citibank (South Dakota) N.A.

An Anti-SLAPP motion was properly granted against suit alleging that creditor violated state and federal Fair Debt Collection Practices Acts by recording an abstract of judgment creditor had obtained against plaintiff’s former domestic partner.  An Anti-SLAPP motion to strike was properly granted in this FDCPA and RFDCPA suit against creditor and creditor’s lawyer.  Creditor sued…

Berman v. HSBC Bank USA, N.A.

A loan servicer violates Civil Code section 2923.6 by sending the borrower a loan modification denial letter erroneously stating that the borrower has only 15 days to appeal the denial.  Civil Code 2923.6 proscribes dual tracking—proceeding with foreclosure while a complete loan modification application is under review.  The section also requires a loan servicer to…

Bank of America Corp. v. City of Miami

Plaintiff city sufficiently alleged standing to sue by averring that defendant banks’ lending to African-Americans and Latinos on less favorable terms than white Anglos led to a tide of foreclosures in minority neighborhoods, lowering property values and thus the city’s tax revenues while also requiring greater expenditures by the city to police and maintain the…

Nautilus, Inc. v. Yang

A creditor seeking to void a transfer under the Uniform Fraudulent Transfer Act loses if the transferee proves that it gave reasonably equivalent value for the transfer and lacked fraudulent intent and actual, not constructive, knowledge of the transferor’s fraudulent intent.  Under the Uniform Fraudulent Transfer Act, a conveyance made without receipt of reasonably equivalent…