Letter Warning of Lien Recordation Subject to FDCPA, Ninth Circuit Holds

A law firm’s letter, warning that a lien would be recorded against a woman’s home if she failed to pay her annual homeowners association fees, is not exempt from the Fair Debt Collection Practices Act (FDCPA) as an attempt to perfect a security interest, the Ninth Circuit has held in Mashiri v. Epsten, Grinnell & Howell.  The defendant law firm sent a collection letter to the plaintiff seeking payment of her annual association fee, as well as related late fees, administrative fees, and legal fees, and informing her that failure to pay the full amount within 35 days would result in recordation of a lien against her property.      Read the article……………


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