The issue is whether the FDCPA applies to non-judicial foreclosure proceedings. The case is Obduskey v. McCarthy & Holthus LLP. More from SCOTUSBlog here.
The issue is whether the FDCPA applies to non-judicial foreclosure proceedings. The case is Obduskey v. McCarthy & Holthus LLP. More from SCOTUSBlog here.
Attorneys that file non-judicial foreclosures in Maryland include a “Mini-Miranda” on their debt collection notice included at the bottom of each correspondence. Substitute trustee notices include a statement of debt which may or may NOT be accurate.
Substitute trustees have been abusing their power when conducting non-judicial foreclosures since 2008 when foreclosure scams where at their height. The fact that many non-judicial foreclosures were filed with fraud is not a secret, it has been occurring for many years. The National Mortgage Settlement began over the conduct of substitute trustees filing illegal foreclosures.
The penalties for violating the law are minuscule compared to some of the offences. Compensation and penalties for serious violation of the law, like felony crimes must be addressed. Currently FDCPA complaints are NOT worth filing…they cost more to file then FDCPA’s compensation will reimburse. FDCPA does NOT protect victims of crimes conducted by attorneys who file suspect cases with intentions of malfeasants.