[WSBARP] Obduskey v McCarthy Holthus - US Supreme Court Ruling 3/20/19 - Nonjudicial Foreclosure Not FDCPA Debt Collection

[Rob Wilson-Hoss]

Yes, but the facts are different. Basically, though, all the reasoning supports that if we just seek foreclosure of a lien (including a deed of trust), and not a deficiency judgment, then we should not be subject to the FDCPA, except for one obscure provision. Here is the short version from the syllabus:

 

Held: A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the FDCPA, except for the limited purpose of §1692f(6). Pp. 6–14.

 

Rob 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rowley, Rob
Sent: Friday, March 29, 2019 11:46 AM
To: WSBA RPPT
Subject: [WSBARP] Obduskey v McCarthy Holthus - US Supreme Court Ruling 3/20/19 - Nonjudicial Foreclosure Not FDCPA Debt Collection

 

In a recent 9-0 decision the Supreme Court ruling gives some obvious clarity for those of us who practice in this area.

https://www.supremecourt.gov/opinions/18pdf/17-1307_7lho.pdf

 

Robert Rowley

Spokane

	

 



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