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CEB Prac. Guide § 2A.19 -- Debts to which the FDCPA Apply -- Federal -- In Rem Proceedings

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In Cohen v. Rosicki, Rosicki & Associates, P.C., 2018 WL 3520253, at *4 (C.A.2 (N.Y.), 2018), the Court of Appeals for the Second Circuit held that collection activities relating to enforcement of a security interest in real property was not necessarily exempt from the FDCPA. We next address the district court's conclusion that actions taken within a foreclosure action do… Read More

In McNair v. Maxwell & Morgan PC, 2018 WL 3097153 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit clarified when attorneys are engaged in debt collection under the FDCPA. Our decision in Ho does not, however, preclude FDCPA liability for an entity that seeks to collect a debt through a judicial foreclosure scheme that allows for deficiency… Read More

In Mashiri v. Epsten Grinnell & Howell, 2017 WL 127565, at *4 (9th Cir. 2017), the Court of Appeals for the Ninth Circuit weighed in on the split of authority amongst the circuit courts, finding that delinquent HOA assessments are "debts" under the FDCPA. The contents of the May Notice plainly belie Epsten's contention that it did not attempt to… Read More

In Gonzalez v. CNA Foreclosure Service, Inc., 2011 WL 2580681 (S.D.Cal. 2011), Judge Anello held that a foreclosure trustee was not a debt collector under federal and state law, and that inclusion of the FDCPA’s ‘mini-Miranda’ in statutory notices did not otherwise render the trustee subject to the FDCPA.   Based on Ms. Canty's undisputed testimony, the Court concludes CNA… Read More

In Hepler v. Washington Mut. Bank, F.A., 2009 WL 1045470 (C.D.Cal. 2009), Judge Snyder held that a mortgage company foreclosing on a home was not subject to either the FDCPA nor the Rosenthal Act, explaining:   To be held liable for violation of the FDCPA, a defendant must-as a threshold requirement-fall within the FDCPA's definition of “debt collector.” See Heintz… Read More