U.S. Supreme Court agrees to hear non-judicial foreclosure case

[Mark Rogers]

The U.S. Supreme Court has agreed to hear an appeal from the Tenth Circuit Court of Appeals to resolve a conflict between the Circuits about whether the Fair Debt Collection Practices Act applies to non-judicial foreclosures.  The 9th & 10th Circuits have held that the FDCPA does not apply to non-judicial foreclosures, but the 4th, 5th, & 6th Circuits have reached different conclusions.  This is a pretty big deal for those of us who play in this field.  The overwhelming majority of foreclosures in my area are non-judicial foreclosures, and I suspect that probably holds true in the majority of states that allow them.  

http://www.scotusblog.com/…/obduskey-v-mccarthy-holthus-llp/