Remove Debt collector Remove Fair Debt Collection Remove Foreclosure
article thumbnail

U.S. Supreme Court Holds Foreclosure Firms Conducting Nonjudicial Foreclosures Are Not Debt Collectors Under the FDCPA

Consumer Finance Watch

The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave open the question of whether businesses that conduct judicial foreclosures are “debt collectors” under the statute. .

article thumbnail

CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages

Collection Industry News

. – Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. A time-barred debt is one whose statute of limitations has expired.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Troutman Sanders

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

article thumbnail

CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages

Consumer Finance

Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations.

article thumbnail

Supreme Court Excludes Non-Judicial Foreclosure From FDCPA

BN Lawyers

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. The District Court dismissed the suit on the ground that the law firm was not a “debt collector” as defined in the FDCPA.

article thumbnail

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

article thumbnail

The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

Troutman Sanders

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.