Trial Court’s decision holding loan servicer not a debt collector under FDCPA upheld on appeal
Represented the investor of the loan and the loan servicer in a contested foreclosure action, which included counterclaims against the investor and servicer for alleged violations of the FDCPA. The trial court granted summary judgment to the investor and servicer holding that under Henson v. Santander Consumer USA Inc., 582 U.S. 79, 87, 198 L.Ed.2d 177, 137 S.Ct. 1718, the investor was a creditor and thus, outside the purview of the FDCPA. As to the servicer, the appellate court affirmed the lower court’s decision that because the loan was not treated as in default by the servicer upon service transfer, the servicer was not a debt collector under the FDCPA.