Bank that initiated foreclosure action not subject to state debt-collection law

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On March 20, 2019, the United States Supreme Court issued a unanimous decision in Obduskey v. McCarthy & Holthus LLP, No. 17-1307, finding a business solely engaged in non-judicial foreclosure actions is not a debt collector under the Fair Debt Collection Practices Act, except for the limited purposes of the prohibited actions listed in Section 1692f(6).

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WASHINGTON (CN) – A law firm tapped by a bank to foreclose on a homeowner does not qualify as a debt collector. He sued when the firm initiated a foreclosure action, but a federal judge dismissed.

Courts That Say the FDCPA Does Not Apply to Foreclosures. Other courts have found that foreclosure activity is not covered by the FDCPA. This view is based on the premise that mortgage foreclosure involves the enforcement of security interests, which is not necessarily the same as collecting a debt.

The Sign Is Up – Is Your Home Sold? The foreclosure auction took away your rights to the property. Once the property sells, you must find alternative housing for you and your family. Even though the property sold, the new owner.

Every State provides some form of judicial foreclosure: a legal action initiated by a creditor in which a court supervises sale of the property and distribution of the proceeds. Id. , 16:1. These procedures offer various protections for homeowners, such as the right to notice and to protest the amount a creditor says is owed.

Turczak and Lew then sued First American Bank, alleging that the bank violated the Fair Debt Collection. Mortgage Foreclosure Law (735 ilca 5/15-1101 et seq) requires the enforcement of the note.

“debt collector” under the Fair Debt Collection Practices Act.. collector” subject to damages under the FDCPA because the. Thus, actions taken to facilitate a non-judicial foreclosure, not allege the ability to repay in order to state a rescission claim.. After Ho began missing loan payments, ReconTrust.

Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed.

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A "deficiency judgment" is a money judgment against a borrower for the difference between the mortgage debt and the foreclosure sale price. Not all states allow deficiency judgments. But homeowners who go through a foreclosure in Utah might have to pay a deficiency judgment after a foreclosure.

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