Analysis

Foreclosure Firms Get High Court Help, But Questions Remain

Law360 (March 21, 2019, 5:02 PM EDT) -- Lenders and the law firms they hire to perform nonjudicial foreclosures can take some comfort in the U.S. Supreme Court's unanimous decision that the Fair Debt Collection Practices Act doesn't broadly apply to these out-of-court proceedings, but the ruling still leaves some questions to sort out, experts told Law360.

On Wednesday, the high court resolved a circuit split over the reach of the FDCPA, finding that firms engaging in only nonjudicial foreclosure work — enforcing security interests such as mortgages — don't fall within the law's general definition of a debt collector and are therefore largely exempted from many of the...

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