The Denver Post-
The U.S. Supreme Court on Wednesday unanimously ruled that foreclosure lawyers are not debt collectors, ending a Colorado man’s years-long effort to gut the state’s century-old public trustee foreclosure system.
As such, the attorneys representing Wells Fargo Bank in its efforts to foreclose on Dennis Obduskey’s home in Bailey are not subject to comply with a broad array of consumer protections mandated by the federal Fair Debt Collection Practices Act, such as proving the bank actually has the right to foreclose.
The 9-0 decision in Obduskey v. McCarthy & Holthus LLP primarily keeps intact nonjudicial foreclosure processes that occur in Colorado and 32 other states.
“My interest was not screwing up the law for the entire country,” Obduskey told The Denver Post in a telephone interview shortly after the court’s opinion was released. “But I’m unfazed in my commitment to ultimately fix this problem.”
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