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 […]
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. […]
The U.S. Court of Appeals for the Tenth Circuit recently determined that the Rooker-Feldman doctrine, which limits federal-court jurisdiction, does not apply to a Colorado procedure for non-judicial foreclosure of mortgages. The matter arose from foreclosure proceedings in Colorado state court pursuant to Colorado Rule of Civil Procedure 120 . 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, […]
Q: What is the difference between a judicial and a non-judicial foreclosure? Harold. A: The short answer is that a judicial foreclosure requires a judge to review the facts, provide the homeowner an opportunity to present defenses, and then the court decides whether to authorize the sale. Foreclosure News
The Nevada Supreme Court ruled Thursday that a nonjudicial foreclosure process used by investors and speculators to acquire HOA properties at bargain basement prices during the great recession does not violate the constitutional protections of original mortgage holders. The court found that the process does not violate the Takings Clauses of the U.S. and Nevada […]