Attorney Janet Schroer Obtains Favorable Result In The Ninth Circuit Court Of Appeals
The Ninth Circuit Court of Appeals recently issued a published decision in Barnes v. Routh Crabtree Olsen affirming the Oregon district court’s judgment dismissing plaintiff’s action against a Portland law firm and its attorneys alleging claims under the Fair Debt Collection Practices Act (FDCPA) and the Unfair Trade Practices Act (UTPA) arising from a judicial foreclosure proceeding. Hart Wagner appellate attorney, Janet Schroer represented the attorney defendants in the appeal. The Ninth Circuit initially affirmed the trial court dismissal in 2018, but thereafter, granted reconsideration in light of the United States Supreme Court’s 2019 decision in Obdusky v. McCarthy & Holtus LLP, 139 S. Ct. 1029 (2019). The Ninth Circuit reviewed the question held open in Obdusky, whether the FDCPA applies to a judicial foreclosure. It held that if a creditor in a judicial foreclosure is simply enforcing a security interest by retaking or forcing a sale of the property, and not seeking any deficiency judgment or to collect any other monetary debt, then the creditor’s actions do not fall within the FDCPA, or the related provision in the UTPA.