HO vs RECONTRUST COMPANY, N.A., | CFPB Amicus Brief - Foreclosure Trustees Are Debt Collectors Under the FDCPA

Categorized | STOP FORECLOSURE FRAUD

HO vs RECONTRUST COMPANY, N.A., | CFPB Amicus Brief – Foreclosure Trustees Are Debt Collectors Under the FDCPA

HO vs RECONTRUST COMPANY, N.A., | CFPB Amicus Brief – Foreclosure Trustees Are Debt Collectors Under the FDCPA

No. 10-56884
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
___________________________________________
VIEN-PHUONG THI HO,
Plaintiff-Appellant,
v.
RECONTRUST COMPANY, N.A., ET AL.,
Defendants-Appellees.
___________________________________________
On Appeal from the
United States District Court for the
Central District of California
Hon. George H. Wu
Case No. 2:10-cv-00741
_______________________________________________________
BRIEF OF AMICUS CURIAE
CONSUMER FINANCIAL PROTECTION BUREAU
IN SUPPORT OF APPELLANT AND REVERSAL
_______________________________________________________
Meredith Fuchs
General Counsel
To-Quyen Truong
Deputy General Counsel
John R. Coleman
Assistant General Counsel
Nandan M. Joshi
Thomas M. McCray-Worrall
Attorneys
Consumer Financial Protection Bureau
1700 G Street, NW
Washington, D.C. 20552
(202) 435-9683 (telephone)
(202) 435-7024 (facsimile)
thomas.mccray-worrall@cfpb.gov
Counsel for Amicus Curiae
Consumer Financial Protection Bureau

QUESTIONS PRESENTED
Pursuant to this Court’s Order of June 8, 2015, this brief addresses “whether,
in this case, defendant ReconTrust is a ‘debt collector’ for the purposes of the Fair
Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., or its implementing
regulations” and “[i]n general . . . whether a trustee who forecloses on a California
deed of trust in a non-judicial action qualifies as a ‘debt collector’ because he has
‘attempt[ed] to collect, directly or indirectly, debts owed or asserted to be owed or
due to another.’” See ECF No. 67 at 1–2 (quoting 15 U.S.C. § 1692a(6)) (second
bracketed text in original).

[…]

Down Load PDF of This Case

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8540 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

2 Responses to “HO vs RECONTRUST COMPANY, N.A., | CFPB Amicus Brief – Foreclosure Trustees Are Debt Collectors Under the FDCPA”

  1. GuyFawkesLives says:

    If foreclosure trustees are considered debt collectors and routinely call the banks who hire them their “clients,” how are the trustees claiming they are “neutral third parties”???

    Anyone?

  2. Jennifer Harjo says:

    I agree with GuyFawkesLives… How are they CLAIMING to be NEUTRAL THIRD PARTIES???

    Someone, Anyone – Please respond.

Trackbacks/Pingbacks


Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Kenneth Eric Trent, www.ForeclosureDestroyer.com

Archives