law, foreclosure, homeowner, mortgage, Fair Debt Collection Practices Act
During the Global Financial Crisis, millions of homeowners received foreclosure notices. Many of these notices were sent by attorneys, and informed consumers of an impending mortgage foreclosure. Courts are split on whether foreclosures must conform with the Fair Debt Collection Practices Act (FDCPA). In order to be subject to the FDCPA, an entity must meet the statutory definition of “debt collector.” Courts struggle with whether foreclosure attorneys fall under this definition. This Note examines this conflict, and suggests a fact-sensitive framework for evaluating whether foreclosure attorneys are debt collectors.
Richard D. Gage,
A Remedy Foreclosed? Mortgage Foreclosure and the Fair Debt Collection Practices Act,
81 Fordham L. Rev. 283
Available at: https://ir.lawnet.fordham.edu/flr/vol81/iss1/4