A jurist praised by the New York Times for his administration of credit card collection cases was recently the subject of a harsh rebuke from a New York appellate court for the same judicial practices.
Posts published in “Evidence”
Last month the Missouri Supreme Court handed down a decision concerning a failure of proof in establishing chain of title on assignment of debt. The decision itself is unremarkable and you can read it here CACH v. Askew. The problem was simple – no testimony was proffered concerning the account being included in the prior assignee’s bill of sale, rather the trial court inferred the account was included in a “Schedule A” which should have been, but was not, attached to the prior assignee’s bill of sale. A few years back I participated in a teleconference for ACA International explaining bill…
In Bank of America v. Alvarado, BER-F-47941-08 (January 7, 2011), Alvarado obtained a mortgage loan from Washington Mutual in 2006. After the loan was closed, Washington Mutual lost the note. It made an Affidavit of Lost Note dated July 14, 2006. Ownership of the mortgage loan, which included the Affidavit of Lost Note, was subsequently assigned to LaSalle Bank, as a trustee of a pool of mortgage loans. LaSalle Bank was then acquired in a merger by Bank of America. When the loan defaulted in 2008, Bank of America commenced a foreclosure action. Alvarado defended the foreclosure action on the…