Category Archives: Fair Debt Collection Practices Act

A Beneficiary of a Deed of Trust is Not a “Debt Collector” Under the FDCPA When It Acquired the Interest Before the Debt Was In Default

Case: Fitzgerald v. PNC, Case No. 10-CV-452-BLW Court: United States District Court for the District of Idaho Opinion Title: Memorandum Decision and Order Date Issued: April 22, 2011 Judge: Chief Judge B. Lynn Winmill, United States District Judge Issue: Whether … Continue reading

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, PROPERTY SECURITY, STATUTES | Comments Off

Instituting Non-Judicial Foreclosure Proceedings Without The Substantive Right To Do So Is Potentially Actionable Under the Fair Debt Collection Practices Act

Case: Armacost v. HSBC Bank USA, Case No. 10-CV-274-EJL-LMB      Court: United States District Court for the District of Idaho Opinion Title: Report and Recommendation Date Issued:    February 9, 2011 Judge: Honorable Larry M. Boyle, United States Magistrate Judge Issue: Whether … Continue reading

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. Larry M. Boyle, IDAHO BUSINESS LAW TOPIC, Non-Judicial Foreclosure, PROPERTY SECURITY, STATUTES, Wendy Couture | Comments Off