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Berman v. HSBC Bank USA
Allegation that letter informing borrower of denial of loan modification application of 15-day appeal window shows violation of Civil Code Section 2923.6, which provides 30-day window to appeal. 		Banking May 4, 2017
Mendoza v. JPMorgan Chase Bank N.A.
Borrower does not have standing to challenge alleged irregularities in securitization of her loan because her allegations suggest assignment was voidable rather than void. 		Banking Dec. 14, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. 		Banking Oct. 6, 2016
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. 		Banking Oct. 4, 2016
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. 		Banking Aug. 18, 2016
Davis v. Hollins Law
Collection agency voicemail not violative of Fair Debt Collection Practices Act for failing to inform debtor of intent to collect debt due to extended prior communication. 		Banking Aug. 9, 2016
Yhudai v. Impac Funding Corp.
Plaintiff cannot challenge nonjudicial foreclosure on ground of voidable beneficial interest and promissory note assignment due to non-party status. 		Banking Aug. 2, 2016
U.S. Bank National Association as Trustee v. Naifeh
In light of recent case, judgment in favor of bank vacated and remanded to address validity of borrower's defense of rescission of home loan. 		Banking Jul. 21, 2016
Daniels v. Select Portfolio Servicing Inc.
Homeowners successfully win reversal and remand in action against loan servicer and others on claims relating to attempted loan modification of adjustable rate mortgage. 		Banking Apr. 27, 2016
Diaz v. Kubler Corp.
Debtor does not violate FDCPA when it seeks prejudgment interest on a vested debt under California law even without a prior judgment. 		Banking May 12, 2015
Phillips v. Bank of America
Bank's service fees applied to Coogan Trust Accounts deemed impermissible withdrawals in violation of Family Code. 		Banking Apr. 28, 2015
HH Computer Systems Inc. v. Pacific City Bank
Banks that received and deposited forged checks from check cashing companies may be liable for failing to make sure endorsements were valid. 		Banking Nov. 9, 2014
Vathana v. EverBank
Investor’s class action continues against bank as to conversion rate used in paying Icelandic krona-denominated certificates of deposit after Iceland's 2008 financial collapse. 		Banking Nov. 2, 2014
Alvarez v. BAC Home Loans Servicing L.P.
Bank must face homeowner’s negligence claim because it owes him duty to use reasonable care in processing homeowner’s application for loan modification. 		Banking Aug. 7, 2014
Rundgren v. Washington Mutual Bank F.A.
Federal court lacks jurisdiction to hear homeowners’ fraud claims against failed banking institution, which was placed into receivership of Federal Deposit Insurance Co. 		Banking Jul. 29, 2014
Robinson v. American Home Mortgage Servicing Inc.
Borrowers may pursue claims against private electronic mortgage registration system that alleged use of system caused filing of numerous false documents. 		Banking Jun. 13, 2014
Legendary Investors Group No. 1 LLC v. Niemann
Bank’s decision to draw from $841,280 letter of credit does not extinguish entire $9.3 million debt, because debt was clearly not paid in full. 		Banking Mar. 26, 2014
Deutsche Bank National Trust Co. v. Federal Deposit Insurance Corp.
Deutsche Bank may not pursue claims against FDIC for sales of IndyMac assets, because its low priority as a creditor made it unable to recover anything. 		Banking Mar. 12, 2014
California Bank & Trust v. Piedmont Operating Parntership
Partnership may not collect deposit that was used to secure lease to bank after bank failed and Federal Deposit Insurance Corp. voided lease. 		Banking Aug. 18, 2013
Akopyan v. Wells Fargo Home Mortgage Inc.
National Bank Act preempts borrower's breach of contract action against federally regulated entities for purportedly misapplying payments and charging late fees. 		Banking Apr. 5, 2013
Allen v. One United Bank
Despite broad removal authority, Federal Deposit Insurance Corp. is not authorized to remove case from state to federal court when it lacks party status. 		Banking Mar. 18, 2013
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank. 		Banking Mar. 8, 2013
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank. 		Banking Feb. 13, 2013
Miller v. Bank of America N.A.
Class action against Bank of America based on allegedly unlawful debt setoffs may not proceed due to failure to identify proper class of bank customers. 		Banking Jan. 28, 2013
Gutierrez v. Wells Fargo Bank NA
Bank may use high-to-low posting order that resulted in more overdraft fees because bank’s power to post transactions falls within federal banking regulatory power. 		Banking Dec. 26, 2012
JP Morgan Chase Bank N.A. v. Banc of America Practice Solutions Inc.
Bank's loan has primary position although it was not filed first because it expected position of primacy when initially making loan. 		Banking Sep. 28, 2012
Ragland v. U.S. Bank National Association
Bank may have wrongfully placed loan into foreclosure after telling homeowner to miss loan payment to qualify for loan modification. 		Banking Sep. 12, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors. 		Banking Sep. 4, 2012
FTC v. EDebitPay LLC
When calculating sanctions for civil contempt of FTC consent order, district court has broad discretion to use amount of loss by consumers. 		Banking Aug. 29, 2012
Drew v. Equifax Information Services LLC
Credit reporting agency's fraud block notification is sufficient to trigger bank's duty to investigate and correct incorrect account information. 		Banking Aug. 8, 2012
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