Post-Yvanova Rulings in California & the use of Table-Funded Lending Arguments

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.  In a recent California case the ruling was very much contradictory to many of the pro-servicer opinions which have come out of the post-Yvanova decision. The recent Jacobsen v. Bayview Montana Supreme Court decision will also be analyzed.  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. NEW MAIN NUMBER: 202-838-NEIL (6345). https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. Register for Consultation here: https://live.vcita.com/site/lendinglies Charles Marshall, Esq. San Diego, CA 92101 [email protected] Phone 619.807.2628