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Non-Judicial Foreclosures Debt Collectors

Smith Debnam Narron Drake Saintsing & Myers,...

Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)

The Sixth Circuit Court of Appeals recently explored the limitations of Section 1692(f)(6) and held that a property preservation and maintenance company was not a debt collector for purposes of that section. The opinion...more

BakerHostetler

Supreme Court Clarifies Scope of the FDCPA as It Relates to Nonjudicial Foreclosures

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In Obduskey v. McCarthy & Holthus LLP, the U.S. Supreme Court resolved the circuit split on whether those engaged in nonjudicial foreclosure proceedings are subject to all of the requirements and prohibitions of the Fair Debt...more

BakerHostetler

Supreme Court to Rule on Whether the Fair Debt Collection Practices Act Applies to Nonjudicial Foreclosure Proceedings

BakerHostetler on

Currently before the U.S. Supreme Court is whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA)....more

Balch & Bingham LLP

FDCPA & Non-Judicial Foreclosures

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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. ...more

Ballard Spahr LLP

Supreme Court to Decide Whether FDCPA Applies to Non-Judicial Foreclosure Proceedings

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The U.S. Supreme Court announced on June 28 that it had granted a petition for a writ of certiorari to review the judgment of the U.S. Court of Appeals for the 10th Circuit in Obduskey v. McCarthy & Holthus LLP, et al.,...more

Bradley Arant Boult Cummings LLP

Alaska Supreme Court Extends FDCPA Coverage to Trustees Involved in Non-Judicial Foreclosures

In Alaska Trustee, LLC and Stephen Routh v. Brett Ambridge and Josephine Ambridge, the Alaska Supreme Court considered whether Alaska Trustee and Routh were “debt collectors” subject to liability under the Federal Debt...more

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