Supreme Court finds that foreclosure firm engaging in non-judicial foreclosure proceedings is not considered a debt collector under the FDCPA.

In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and therefore are not subject to regulation under the FDCPA. The majority opinion, written by Justice Breyer, held that the firm’s foreclosure activities to enforce a valid mortgage security interest neither fell within the purview of section 1692f(6), which provides a limited purpose definition of “debt collector”, nor within the general definition of “debt collector” in section 1692a(6).  Specifically, the Court held that because  section 1692f(6) does provide that under limited circumstances an enforcer of a security instrument may be considered a “debt collector”, i.e., when there is no right or intention to possess the property or the property is exempt by law for dispossession, Congress did not intend…

Read more detail on Recent Bankruptcy posts –

This entry was posted in Bankruptcy Law and tagged , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply