article thumbnail

California Court of Appeals Finds Solar Energy Agreement Provides Basis for Rosenthal Fair Debt Collection Practices Claim by Non-Party to Agreement

Troutman Sanders

Solar Service Experts, LLC highlights the potential pitfalls for solar energy providers and their collections agents. Instead, “[t]he focus” was on “what defendant’s debt collection practices said about the supposed debt, namely that it was due and owing under” the solar contract.

article thumbnail

Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

A servicer acting as a collection agent for the holder of a promissory note will have standing to bring an action by establishing evidence of a valid assignment. A non-holder in possession must account for its possession of the instrument by proving the transaction (or series of transactions) through which it acquired the note.