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Court of Appeal (Cal.) Says in Unpublished Decision that ASFA Requires that NOI be “Mailed”, not “Received” within 15 Days of Sale; “Last Known Address” is Address on File, Not Where Vehicle Was Repossessed

by Scott J. Hyman |

In Baseline Financial Services, Inc. v. Hobbs, 2016 WL 7243531, at *4–6 (Cal.App. 4 Dist., 2016), the Court of Appeal in an unpublished decision found that an automobile lender complied with the mailing requirements of the ASFA. It is undisputed that Bank of the West sold the vehicle on March 18, 2010. Baseline presented in evidence an NOI with respect… Read More

Court of Appeal (Cal.) Finds NOI Class Notice Adequately Informed Putative Classmembers of Potential Tax Consequences of Debt Relief; Was Not Unfair Because Class Release Included 1542 Waiver

by Scott J. Hyman |

In Ally Financial, Inc. v Trujillo, 2016 WL 4766225, at *6 (Cal.App. 6 Dist., 2016), the Court of Appeal held in an unpublished decision that class notice in an NOI class action adequately informed the class members of potential adverse tax consequences. On appeal, Trujillo and Riley contend that the class notice regarding tax consequences violates due process, and is therefore… Read More

District Court (Cal.) Finds No Conflict Pre-emption Between NBA and California’s Post-Repossession NOI Statute; Finds that NOI Violated State Law Because It Failed To Give Notice of “All” Conditions Precedent to Reinstatement

by Scott J. Hyman |

In Aguayo v. U.S. Bank, 2016 WL 2609296, at *2-4 (S.D.Cal., 2016), Judge Whelan granted partial summary judgment to an NOI class action plaintiff who argued that US Bank's NOI violated state law.  First, Judge Whelan rejected US Bank's conflict preemption argument. On September 24, 2009, this Court granted U.S. Bank's motion to dismiss the case based on the finding… Read More

Court of Appeal (Cal.) Says Post-Repossession “NOI” Letter for Leased Vehicle Violates Vehicle Leasing Act

by Scott J. Hyman |

In Flannery v. VW Credit, Inc., --- Cal.Rptr.3d ----, 2014 WL 7174376 (Cal.App. 2014), the Court of Appeal for the 4th Appellate District reversed a trial court’s sustaining of a demurrer without prejudice on a class action filed under California’s Vehicle Leasing Act. The VLA requires a statement be mailed to the debtor after repossession of a leased vehicle that… Read More

9th Circuit Holds NOI Plaintiff’s Nominal Payment Designed to Give Standing Failed to Confer Such Standing; Says Plaintiffs’ FCRA Expert Evan Hendricks’ Opinion Was “Vague and Abstract”

by Scott J. Hyman |

In Wright v. General Motors Acceptance Corp., --- Fed.Appx. ----, 2013 WL 6137482 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit affirmed in an unpublished opinion that an automobile customer who paid a small sum of money to set up his right to bring an NOI class action lacked UCL standing to bring the claim.  On April… Read More

Court of Appeals (Md.) Finds $1,000 Entrance Fee to Auto Auction Transformed “Public” Sale of Repossessed Vehicles into “Private” Sale — Requiring More Detailed Post-Sale Disclosures and Accounting

by Scott J. Hyman |

In Gardner v. Ally Financial Inc., --- A.3d ----, 2013 WL 765013 (Md. 2013), the Maryland Court of Appeals held that a $1,000 admission fee transformed a ‘public’ sale into a ‘private’ sale – the latter of which required more detailed post-repossession disclosures and accounting than were provided to the consumer. The issue before us is limited to the $1,000… Read More

District Court (Del.) Finds that Aircraft Purchase was not a Consumer Transaction under California Comm. Code; Awards Post-Sale Deficiency Balance to Bank

by Scott J. Hyman |

In Bank of America, N.A. v. Sea-Ya Enterprises, LLC, 2013 WL 126268 (D.Del. 2013), Judge Andrews found that the purchase of an aircraft was not primarily for personal, family, or household purposes, thus allowing a Bank to pursue a post-repossession/post-sale deficiency balance notwithstanding purported irregularities in the liquidation sale notices. This suit is a loan deficiency action brought by Plaintiff… Read More

Court of Appeal (Cal.) Issues Unpublished NOI Decision, Reversing Trial Court’s Favorable Demurrer Ruling in NOI Class Action

by Scott J. Hyman |

In a 2-1 unpublished opinion,  the California Fifth District Court of Appeal reversed an order of dismissal following the sustaining of a demurrer in a post-repossession notice of intent (“NOI”) class action, Tucoemas Federal Credit Union v. See (2012) 2012 WL 5867382. The credit union filed a deficiency action against the borrower following her default on a retail installment contract. … Read More

District Court (Nev.) Holds that Failure to Sell Used Vehicle at Fair Market Price Constituted “Hidden Finance Charge” under TILA; Found that Post-Repo NOI Violated Nevada Law

by Scott J. Hyman |

In Limtiaco v. Auction Cars.com, LLC, 2012 WL 4911726 (D.Nev. 2012), Judge Du found that a car dealer’s failure to sell a vehicle at market price constituted a hidden finance charge under TILA, even though the RISC did not finance any part of the purchase. On July 24, 2010, Limtiaco entered into a Motor Vehicle Purchase Order and Federal Disclosure… Read More

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