The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts
By EsqSocial Corporation 01/03/21
In Milburn v. SN Servicing, LLC, a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity. In denying summary judgment, this decision serves as a reminder to servicers to ensure a thorough review of correspondence from a borrower to evaluate whether they may file for nonjudicial...
By: Troutman Pepper