Does the Fair Debit Collection Practices Act apply to non-judicial foreclosures? This is a question of enormous import to the mortgage servicing industry, as the FDCPA is a common subject for class action claims and further provides that an individual who obtains a judgment under the FDCPA is entitled to an award of his or […]
Resolving tension between New York and federal law, the U.S. Court of Appeals for the Second Circuit has ruled that a debtor must show that a debt collector's alleged false representation was material for it to be a “false, deceptive, or misleading representation” in violation of the Fair Debt Collection Practices Act . In applying […]
In Obduskey v. McCarthy & Holthus LLP , the Supreme Court has agreed to hear an appeal from the Tenth Circuit over whether the provisions of the Fair Debt Collection Practices Act apply to non-judicial foreclosures. Foreclosure News
McCarthy & Holthus LLP, et al. , and resolve a circuit split on whether the Fair Debt Collection Practices Act applies to non-judicial foreclosure proceedings. Because the Supreme Court's decision in Obduskey will determine whether the FDCPA's protections apply in countless non-judicial foreclosure actions, it could have a significant financial impact on the mortgage industry. […]
In Hagy v. Demers & Adams , the Sixth Circuit looked to Spokeo, Inc. v. Robbins to hold that not all inaccuracies cause real harm sufficient to confer standing to bring suit under the Fair Debt Collections Practices Act . Foreclosure News
On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams ), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act absent a showing of concrete harm. Foreclosure News
The Sixth Circuit Court of Appeals recently ended a Fair Debt Collection Practices Act lawsuit because the plaintiffs could not show that the allegedly offending letter had caused them actual harm. In Hagy v. Foreclosure News
The Tenth Circuit Court of Appeals recently held that a non-debt collector defendant seeking a non-judicial foreclosure was not liable to a borrower/plaintiff for alleged violations of the Fair Debt Collection Practices Act . Acknowledging a circuit split on the question of whether non-judicial foreclosure proceedings are covered by the FDCPA, the court reasoned that, […]
The Sixth Circuit held that the law firm's pursuit of a post-foreclosure eviction action did not violate the FDCPA. The court found that after a debt has been extinguished in a foreclosure sale, “there no longer exists a debt to enforce, and any post-foreclosure activity cannot be considered debt collection.” Foreclosure News
Should a law firm pursuing foreclosure on behalf of a mortgagee be considered a debt collector? That is a question at issue in a Rhode Island federal court case, in which borrower Lloyd Amesbury filed a class action lawsuit alleging Fair Debt Collection Practices Act violations against a firm retained to initiate foreclosure on his […]