Tuesday, August 16, 2011

Third Circuit -- Karen V. Cappuccio v. Prime Capital Funding, LLC. et

Karen V. Cappuccio v. Prime Capital Funding, LLC. et

Mortgage/ TILA claim.

As threshold matter, the appeals clock runs not from the time when judgment is entered against all defendants, but from when final liability (more than ministerial functions) is apportioned.

The testimony of the borrower is sufficient to burst the bubble of the presumption of receipt - jury instruction suggesting otherwise is error.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.