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The U.S. Supreme court recently heard arguments in Obduskey v. McCarthy, a Tenth Circuit case finding that parties engaged in nonjudicial foreclosure proceedings are not “debt collectors” under the federal Fair Debt Collection Practices Act (“FDCPA”). Under the FDCPA, a “debt collector” is any party whose principal purpose is the collection of defaulted consumer debts, or who regularly collects or attempts to collect defaulted consumer debts.
In Obduskey, the Tenth Circuit found that nonjudicial foreclosure proceedings are attempts to enforce security interests as opposed to collecting money from a consumer. In making this ruling, the Tenth Circuit joined the Ninth Circuit, which found that a nonjudicial foreclosure is not collection activity because the purpose of a foreclosure is to retake and resell the security and not to collect money from the borrower. The Supreme Court’s ruling will provide lower courts with guidance regarding the scope of the FDCPA as it relates to mortgage foreclosure law. If you are a victim of illegal debt collection efforts, including threats, harassment, or deception, you may have claims under the FDCPA. These claims can be brought at no out-of-pocket cost to you because the debt collector is required to pay your attorney’s fees and costs if you prevail. You may also recover up to $1,000 in damages for a successful FDCPA claim. Contact a consumer debt collection lawyer to discuss your legal rights. Source: https://www.jdsupra.com/legalnews/supreme-court-to-rule-on-whether-the-96903/
60 Comments
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7/25/2019 02:46:48 pm
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7/21/2021 05:01:42 pm
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7/23/2021 07:28:40 am
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7/26/2021 09:30:18 am
About 4 negative items has been on my credit report typically for seven to ten years, without getting to know how to fix them until I came across this hacker who helped me in wiping away all the negative items and bad collections across my credit report without any physical contact. He also raised my FICO Score above 840 across the three credit bureaus report approximately and got a new home to move in with my family. Just contact him via GEORGEHOTZcreditmax@gmail.com or Text thru 516-926-0428.
Marlon Kurt
7/28/2021 05:48:54 am
EVERYTHING ARE POSSIBLE. I never believe I could own a house again after losing my property to BOA because of the loan I was unable to pay back and my score was very poor. I cannot afford to feed my wife and kids which was so unbearable Before I come across a great man called RICH SKRENTA the hacker who took me out of debts and also assist me adjust my POOR CREDIT SCORE. Feel Free To Contact Him: RICHSKRENTACYBERSERVICE AT GMAIL DOT COM. OR TEXT +1(234) 248-6043 I have lost about $75,000 to an IQ option broker and 2 fake binary option website as well but I am sharing my experience here so as to enlighten and educate everyone that is losing money or has lost money to a scam including binary options,Cryptocurrency, mortgage/real estate scams..I have been able to recover all the money I lost to those scam companies with the help of Mrs Angela Canuto and I am pleased to inform you that there is hope for everyone that has lost money to scam...Get help now by contacting her on ( albertgonzalezwizard (@) gmail com / Whatassp +31684181827 or Telegram: +31687920980 ) Leave a Reply. |
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Law Office of Kevin L. Hernandez
8872 S. Eastern Avenue, Suite 270
Las Vegas, Nevada 89123
P: (702) 563-4450
F: (702) 552-0408
E: kevin@kevinhernandezlaw.com
