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· 5/1/2012

Reese v. Ellis, Painter, Ratterree & Adams, LLP

Citations

  • 678 F.3d 1211
  • 2012 WL 1500108
  • 2012 U.S. App. LEXIS 8839

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an enforcer of security interests could have “dual purposes,” whereby it could act to enforce security interests and also attempt to collect on underlying debts
  • holding that a law firm’s letter demand for payment on a promissory note was debt- collection activity within the meaning of the FDCPA
  • holding that a letter from a law firm could be considered debt collection under the FDCPA
  • recognizing that money owed on a promissory note secured by a mortgage is plainly a “debt” for purposes of the FDCPA
  • concluding that letters threatening foreclosure are not exempt from the FDCPA because \communication related to debt collection does not become unrelated to debt collection simply because it also relates to the enforcement of a security interest\
  • holding that a communication was “in connection with” the collection of a debt when it had the dual purposes of giving the debtor notice of a foreclosure and demanding payment on the underlying debt

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Forrester

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.