United States Fourth Circuit

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McCray v. Federal Home Loan Mortgage, 15-1444

In an action for damages against the Federal Home Loan Mortgage Corporation (Freddie Mac), alleging that, in the administration of and collection efforts on the loan, the defendants violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. section 1692 et seq. the Truth in Lending Act (TILA), section 1601 et seq., and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. section 2601 et seq., stemming from the alleged failure to provide plaintiff with notices and requested information as purportedly required by these statutes, the District Court's dismissal of plaintiff's FDCPA and TILA claims and, following discovery, grant of Wells Fargo's motion for summary judgment on her RESPA claim, are: 1) reversed as to the FDCPA claim where plaintiff adequately alleged that the White Firm and the Substitute Trustees were 'debt collectors,' as that term is used in the FDCPA; and 2) affirmed as to the TILA claim.

Appellate Information

  • Decided
  • Published 2016/10/07

Judges

  • NIEMEYER

Court

  • United States Fourth Circuit

Counsel

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