E. Tyler Samsing

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Tyler Samsing has significant experience representing lenders, banks, mortgage servicers, and other financial institutions and corporate clients in numerous matters, including pursuing claims against debtors, structuring, preparing and negotiating complex loan transactions, and defending against adverse claims alleging predatory lending, violation of consumer collection protection statutes, deceptive trade practices, and fraud in both state and federal courts. View articles by Tyler

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Canadian Confidential: Mandatory Data Breach Notifications under PIPEDA

While businesses and consumers were all agog to see the latest variation of the California Consumer Privacy Act passed earlier this year, Canada quietly introduced its latest permutation to the Personal Information Protection and Electronic Documents Act (PIPEDA), which imposes new mandatory breach notification obligations on companies engaged in the collection of Canadians’ personal information. … Continue Reading

Recent Cases Highlight Latest Potential Foreclosure Evidentiary Pitfall

Over the last few years, financial institutions have been forced to modify their policies and procedures to ensure that they are able to demonstrate compliance with notice provisions contained in residential mortgages prior to initiating foreclosure actions. Several recent decisions have addressed the issue of whether sufficient evidence was presented to establish that the creditor … Continue Reading

Servicers Beware: Courts Rule Non-Parties Cannot Invoke Jury Trial Waiver

In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a fundamental right to a jury trial, waivers of this right are strictly construed. As such, federal courts in Florida have … Continue Reading

No Free Houses—Florida Supreme Court Approves Fifth DCA’s Bartram Decision and Extension of Singleton v. Greymar

The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for … Continue Reading
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