Bank Law Monitor

Bank Law Monitor

A Legal Blog for the Financial Services Industry

Tag Archives: Debt Collection

Trustee’s Sale Not Subject to the Fair Debt Collection Practices Act, Appeals Court Holds

Posted in Trending News
A trustee is not a “debt collector,” so foreclosing a deed of trust is not subject to FDCPA’s restrictions or damages. A federal appellate court held recently that the trustee of a residential deed of trust was not a “debt collector” under the federal Fair Debt Collection Practices Act (FDCPA), because the trustee was enforcing… Continue Reading

Washington Supreme Court Confirms Guarantor Liability Following Foreclosure

Posted in Debt Collection, Foreclosure, Graham & Dunn, Regulatory Developments
The Washington Supreme Court has confirmed a personal guarantor’s liability to a lender following the lender’s nonjudicial foreclosure of its borrower’s real property collateral.  In Washington Federal v. Harvey/Washington Federal v. Gentry, Nos. 90078-7, 90085-0, slip op. at 2-3 (Wash. Jan. 8, 2015), the Court held that “guarantors of commercial loans whose own property has… Continue Reading

CFPB Jurisdiction: Continued Expansion via Its Consumer Protection Mandate

Posted in Auto Finance, CFPB, Credit Cards, Debt Collection, Mortgage Servicing
The CFPB has exclusive supervisory authority over depository institutions that have assets totaling more than $10 billion dollars. For these depository institutions, the CFPB is the primary rule maker and enforcer of consumer protection laws applicable to these institutions. For depository institutions that have $10 billion or less in total assets, the Federal Reserve Board… Continue Reading