Maryland Collection Agency License Not Required for Foreign Statutory Trusts

The Court of Appeals of Maryland recently held, in an appeal involving four consolidated cases, that foreign statutory trusts that own delinquent mortgage loans are not required to obtain a collection agency license under the Maryland Collection Agency Licensing Act before substitute trustees can institute foreclosure actions against defaulting borrowers. In each case on appeal, […]

Tenth Circuit Joins The Fray Regarding Whether Foreclosures Are Debt Collection Activity

With the Tenth Circuit's decision the circuits remain split with the Ninth Circuit and now the Tenth Circuit holding that non-judicial foreclosures are not debt collection activity and the Fourth, Fifth and Sixth Circuits holding that they are. Cir., Jan. 19, 2018), Wells Fargo retained foreclosure counsel who sent the consumer an initial communication which […]