Liability for Foreclosure Counsel Under the Fair Debt Collection Practices Act

Aaron Chastain, an associate in the Birmingham office, was published in the Spring 2012 issue of Business Litigation Committee Newsletter.  Aaron addresses two of the primary questions introduced by the influx of FDCPA claims arising out of foreclosures. First, there is an initial question of whether the FDCPA extends to firms engaged to foreclose on property, which courts have split on. Second, if the FDCPA does indeed apply to foreclosure counsel, how does it shape the counsel’s obligations in bringing judicial or non-judicial foreclosure under the relevant state law? 

To read the complete article, click "Liability for Foreclosure Counsel Under the Fair Debt Collection Practices Act".

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