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NOI Compliance and Litigation

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A Rare Yeti Sighting: Bank Wins AFSA NOI Case in California Court of Appeal Unpublished Decision

by Scott J. Hyman |

In an unpublished decision, BANK OF STOCKTON, Plaintiff & Respondent, v. GAYLE A. GRESHAM, Defendant & Appellant., No. H050099, 2023 WL 8252076, at *1–2 (Cal. Ct. App. Nov. 29, 2023), the Court of Appeal found the Bank's post-repossession letter to be compliant with Rees-Levering.  The facts were as follows: Gresham entered into a contract with Capital Volkswagen to buy a… Read More

Superior Court (Pa.) Confirms Propriety of Automobile Post-Repossession Notice under UCC Safe Harbor

by Scott J. Hyman |

D'Happart v. First Commonwealth Bank, 2022 PA Super 132, 2022 Pa. Super. LEXIS 328 (No. 580 WDA 2021 August 5, 2022) , Judge Bender affirmed the Court of Common Pleas finding against a consumer who challenged the application of the UCC's safe harbor to the notice required after his vehicle was repossessed. Appellants' second issue, they claim that FCB's "pre-sale… Read More

Court of Appeal (Cal.) Says Anti-SLAPP Motion Is Not Proper to Challenge a Cross-Complaint Challenging NOI Compliance under Rees-Levering

by Scott J. Hyman |

In Safe Credit Union v. Diaz, No. C092158, 2021 Cal. App. Unpub. LEXIS 5435, at *7 (Aug. 23, 2021), the Court of Appeal held in an unpublished decision that an anti-SLAPP motion by a credit union was not proper to challenge an NOI class action filed in response to a debt collection action. For complaints and cross-complaints alleging mixed causes… Read More