Lenders Score Major High Court Victory In Foreclosure Case

By John Baxter ( March 21, 2019, 3:53 PM EDT) -- The United States Supreme Court issued its unanimous opinion in the case Obduskey v. McCarthy & Holthus LLP[1] on Wednesday, March 20. The court's ruling effectively removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, or FDCPA,[2] save for one provision. This decision resolves a circuit split and will have significant ramifications for all lenders and borrowers who live in jurisdictions that allow for nonjudicial foreclosure....

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