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Posts tagged as “Ninth Circuit”

9th Cir. Holds ‘Reasonably Possible’ Punitive Damages Award Supports CAFA Removal

The U.S. Court of Appeals for the Ninth Circuit recently held that a defendant that relies on potential punitive damages to satisfy the amount in controversy for removal under the federal Class Action Fairness Act meets that requirement if it shows that the proffered punitive/compensatory damages ratio is reasonably possible.

9th Cir. Holds Quiet Title Claims By GSEs Subject to 6-Year HERA Statute of Limitations

The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a "contract" claim with a six-year statute of limitations, and not a "tort" claim subject to a three-year statute of limitations.

9th Cir. Holds FDCPA Does Not Apply to Judicial Foreclosures If No Deficiency Sought

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment.

9th Cir. Holds Loan Secured by Property Held in Trust for Family Member Can Be ‘Consumer’ Loan

The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a trustee borrower’s claims under the federal Truth-In-Lending Act, Real Estate Settlement Procedures Act, and California’s Rosenthal Fair Debt Collection Practices Act seeking rescission of a loan obtained to effectuate repairs upon a property inhabited by the trust’s beneficiary.