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“Debt Collector” Or “Enforcer of Security Interest”— That Is The Question; Supreme Court To Answer Next Term.

On June 28, 2018, the United States Supreme Court granted certiorari in Obduskey v. McCarthy & Holthus LLP, No. 17-1307. In doing so, the Court decided to resolve a circuit split and further clarify what constitutes debt...more

Ninth Circuit: Loan Servicer Can Rely on Standard Notice-And-Cure Provision to Defeat Statutory Claims

On December 15, 2017, the Ninth Circuit affirmed the dismissal of borrowers’ statutory claims against their loan servicer because the borrowers failed to give the servicer notice and the opportunity to take corrective action...more

12/20/2017  /  Borrowers , FDCPA , Fees , Loan Servicer , Mortgages

Henson v. Santander: Resolving Circuit Split, Supreme Court Holds Debt Buyer Not a Debt Collector under FDCPA

The U.S. Supreme Court in Henson v. Santander Consumer USA, Inc., 2017 WL 2507342, ruled that purchasing and then collecting a defaulted debt does not, standing alone, make an entity a “debt collector” as defined by the Fair...more

Midland Funding: Supreme Court Resolves Circuit Split, Holds Bankruptcy Proof of Claim for Time-Barred Debt Does Not Violate FDCPA

The U.S. Supreme Court in Midland Funding, LLC, v. Johnson, 581 U.S. ___, 2017 WL 2039159 (2017) ruled that filing a bankruptcy proof of claim on time-barred debt does not violate the Fair Debt Collection Practices Act...more

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