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On this episode of the Neil Garfield Radio Show, California Attorney Charles Marshall will discuss table-funded lending–California rules thereto–and how to beat back a motion for judgment on the pleadings. A recent California ruling was very much contradictory to many of the pro-servicer opinions which have come out of the post-Yvanova decision.
There is a checklist of bad things that “servicers” do — and now the consequences of intentional bad behavior have impacted Bayview Servicing after the Montana Supreme Court took issue with their deceptive and fraudulent attempts to foreclose.
The Jacobsen v. Bayview decision issued by the Montana Supreme Court decision is a game changer. The District Court in this case upheld that Bayview violated the FDCPA when it made false representations to the Jacobsons regarding the Trust Indenture and engaged in unfair trade practices to collect the debt.
Because any violation of the FDCPA corresponds with an unfair and deceptive act or practice in violation of the Act. The District Court awarded significant damages as a result of Bayview’s actions and supported those conclusions with substantial evidence.
The Jacobsons are entitled to attorney fees and costs on appeal because of the conduct of Bayview. Neil Garfield believes that the language in this case will be cut and pasted into thousands of pleadings across the country.
Download Case: jacobsonbayview_05042016-mt-supreme-court-opinion1
LendingLies Direct NUMBER: 202-838-NEIL (6345).
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Contact Charles Marshall:
Charles Marshall, Esq.
San Diego, CA 92101