Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity
Consumer Financial Services Law
FEBRUARY 1, 2018
The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. In doing so, the Tenth Circuit has joined a split in the circuits on the issue. 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.
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