In Brothers v. Saag, plaintiff alleged that defendant violated the FDCPA while attempting to collect a mortgage loan by stating the creditor would foreclose on the property when  the creditor had no right to foreclose on the property after the loan was transferred to a new creditor.  Defendant moved for summary judgment, and the motion was granted when the court found that the record evidence showed that the property was foreclosed upon, that the foreclosure was not vacated or set aside and the foreclosure sale appeared to be valid, so that defendant’s statements that the property would be foreclosed were true.

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