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No Change Of Position, No Estoppel

Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of...more

1/12/2015 - Appeals Forbearance Agreements Foreclosure Mortgage Lenders Promissory Estoppel Statute of Frauds Trustee Sales Wachovia

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California...more

1/31/2014 - Contract Formation Contract Interpretation Loan Modifications Oral Contracts

CFPB Report Targets Arbitration Clauses

The Consumer Financial Protection Bureau (the “CFPB”) is a new federal agency responsible for regulating consumer financial products and services. On December 12, 2013, the CFPB released a report on the use of arbitration...more

1/9/2014 - Arbitration CFPB Credit Cards Dodd-Frank Enforcement Actions Mandatory Arbitration Clauses Prepaid Payment Products

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