Maynard v. Bryan C. Cannon, P.C.

Summarized by Scottie Kleypas , Scottie S. Kleypas Law, LLC
15 years 3 months ago

Citation:

Maynard v. Bryan C. Cannon, P.C., No. 08-4181 (10th Cir. Nov. 10, 2010)

Tag(s):

10th Circuit

Ruling:

Utah law firm's conduct did not violate homeowner's rights under Fair Debt Collection Practices Act (FDCPA) when the law firm sent notice of default required for non-judicial foreclosure and a letter responding to homeowner's written dispute as to the validity of the mortgage default and request for documentation

Procedural context:

Tenth Circuit affirmed District Court's grant of summary judgment in favor of Defendant

Facts:

Utah law firm initiated a non-judicial foreclosure by filing a notice of default with the county recorder and notified homeowner by mail as required by state law including in its communication to homeowner the notice of default and an FDCPA notice. The notice of default set forth the principal amount of the loan, and the amount in arrears. The notice of default did not request any payments or provide any information regarding a right to cure the default. After receiving the notice from the law firm, the homeowner disputed the validity of the mortgage default in writing. The homeowner demanded that the law firm provide her with a complete validation of the debt including information relating to the mortgage. The law firm sent a letter in response to the homeowner's request confirming the initial amount of the mortgage and the creditor's name. The law firm also enclosed in this communication to homeowner a copy of the deed of trust, a copy of the loan agreement, and various other loan documents. The unpublished opinion is not binding authority but is persuasive and provides a good discusssion on the issue of whether a non-judicial foreclosure is a debt collection activity. The court did not resolve the debate on this issue but the discussion is worth a read.

Judge(s):

Hartz Holloway & Tymkovich

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