United States Second Circuit
Cohen v. Rosicki, Rosicki & Associates, P.C. , 17‐950
Affirmed the dismissal of a homeowner's claim under the Fair Debt Collection Practices Act related to the foreclosure on a mortgage. The homeowner sued a mortgage‐loan servicing firm alleging improper debt collection practices. The firm countered by successfully arguing in the district court that the FDCPA does not apply to the enforcement of a security interest through foreclosure proceedings. On appeal, the Second Circuit rejected the district court's conclusion that the FDCPA was inapplicable, but nonetheless held that the homeowner had not pleaded a plausible claim.
Appellate Information
- Published 2018/07/23
Judges
- Sack
Court
- United States Second Circuit