Law firms solely conducting public trustee foreclosures not “debt collectors” under FDCPA 16:43, April 2, 2019

Category: Vail Homeowner Association

On March 20, 2019, the United States Supreme Court held in Obduskey v. McCarthy & Holthus LLP, 586 U.S. —- (2019) (case no. 17-1307) that a law firm only conducting a non-judicial (i.e., public trustee) foreclosure is not a “debt collector” under the Fair Debt Collection Practice Act (the “Act”). However, such proceedings do fall […]

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On May 1, 2017, the Colorado Supreme Court issued its opinion in McShane v. Stirling Ranch Property Owners Association, Inc. The decision determined that an exculpatory clause in a homeowners association’s governing documents that limited liability for the association’s board and agents did not exculpate the association itself. McShane purchased property located within the Stirling […]

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HOMEOWNERS’ ASSOCIATIONS ABILITY TO SUE DEVELOPERS LIMITED BY REFORM LEGISLATION When a developer’s control over a condominium project passes to the homeowners’ association (“HOA”), the HOA may sue the developer for construction defects (real or perceived). There is an industry of lawyers that take on these cases. Due to the risk of construction defect litigation […]

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