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, at least for the Tenth Circuit, under a plain language interpretation, entities engaged in non-judicial foreclosure actions are not debt collectors under the FDCPA.
