Legal Issue “Hubs”

The pages under this tab will be issue “hubs” – a series of articles, posts, and videos created around specific issues and organized in a page.

 

Foreclosure and the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a law that, primarily, applies to “debt collectors” who are “collecting debts” (as those terms are defined by the statute. Foreclosure and all the actions leading to it are clearly attempts to collect a debt. Whether the FDCPA will be applied to them, on the other hand, is not so clear. Currently, it appears that a majority of thedistrict courts that have ruled on the question have found that the FDCPA does not apply. Most of the circuit courts of appeal addressing the question, on the other hand, have held that it does. Eventually the law will probably catch up with common sense and the broad remedial purpose of the FDCPA, but for now whether the Act will apply to foreclosure may depend on where you live – and what court you file your suit in.

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