Anti-Deficiency Collections and Credit Reporting Class Actions: New "Friend of the Court" Brief Filed

November 13, 2014

On November 12, Levy and co-counsel Housing and Economic Rights Advocates filed an Amicus Curiae Brief in the California Court of Appeal in the class action brought by the Alborzian family against Chase for illegally collecting deficiency balances on second “purchase money” mortgages after foreclosures.  The “Friend of the Court” Brief traces the case law holding that borrowers are not personally liable on residential purchase money mortgages, and shows that Chase’s collection letter violated the anti-deception provisions of the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act. Leading pro bono law firm Public Counsel signed onto the brief, in addition to HERA. 

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