Amicus Projects: "Friend of the Court" Briefs Advocating on Behalf of California Consumers

Over the course of his career, Mr. Levy has filed dozen Amicus (Friend of the Court) Briefs. These briefs can be essential to a higher Court's review of a lower court's decision as they often provide new information or a different perspective from what the parties to the case provide the judge.

 

Below are some of the most recent Amicus Briefs submitted by Mr. Levy:

 

Short Sale Liability:  Mr. Levy and HERA have already filed their Amicus Brief in the California Supreme Court in Coker v. JPMorgan Chase Bank, tracing the long-established case law establishing that California's purchase money anti-deficiency statute eliminates all personal liability on purchase money mortgages, and applies after short sales as well as after foreclosures.

 

Inaccurate Deficiency Balance Credit Reporting:  Mr. Levy and HERA have also filed an Amicus Brief in the appeal of Kuns v. Ocwen Loan Servicing in the U.S. Court of Appeals in the Ninth Circuit.  They argue that lenders must qualify their credit reports of loans after foreclosures and short sales where the anti-deficiency laws apply to make clear that the loan has been paid in full and that the borrowers' anti-deficiency protections are "incomplete and inaccurate" under federal and state credit reporting laws.

 

Deceptive Deficiency Balance Collecition Practices:  Mr. Levy and HERA have also filed an Amicus Brief in the appeal of Alborzian v. JPMorgan Chase Bank in the California Court of Appeal for the Second Appellate District.  They argue that Chase's practice of seeking to collect deficiencies on purchase money loans by asserting that the borrower is "delinquent" and "owes the balance" violate the anti-deception provisions of state and federal fair debt collection laws.

 

Raceway Ford Illegal Fees:  Mr. Levy, on behalf of Consumers for Auto Reliability and Safety and other consumer groups, filed an Amicus Letter to the California Supreme Court urging the Court to grant review of the Raceway Ford Cases, where a car dealer charged buyers for smog inspectiong the dealer never performed and state smog fees that were not required and the dealer never paid to the state. 

© 2014 by The Law Office of Arthur D. Levy.

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