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Is Foreclosure Debt Collection? 

Recently the Ninth Circuit Court of Appeal shed some light on homeowners/mortgagors who, pursuant to the federal Fair Debt Collection Practices Act (“FDCPA”), sue foreclosing lenders for unlawful debt collection.   Although the Ninth Circuit has definitively decided on this matter, unfortunately, case law is still unsettled for these types of actions. For now, litigants in state courts can refer to the Ninth Circuit’s decision as good persuasive authority.  In Ho v. ReconTrust Company, NA, Judge Kozkinski held that under the FDCPA merely enforcing a security interest is not “debt collection.” (Ho v. ReconTrust Company, NA (2016) 840 F.3d 618, 624.)  However, even though the Ninth Circuit has taken a view on this issue, other circuits disagree.  (See Wilson v. Draper & Goldberg PLLC, 443 F.3d 373, 378-79 (4th Cir.

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Posted in Foreclosure, Mortgage Lender Dispute, Real Estate Attorney Los Angeles

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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