Ashraf Mahmoud v. De Moss Owners Assn, Inc.

Concerned about the consequences for Texas property owners, I respectfully dissent from the majority opinion’s holding that threatening to nonjudicially foreclose to collect the entirety of a debt that is partially time-barred cannot violate the FDCPA. The majority opinion emphasizes that this case is unique because of “its summary judgment posture.” But the majority opinion affirms summary judgment based on a “hot dispute”—the applicable statute of limitations, which is a legal question to be decided by the court.

And the majority opinion incorrectly holds that, as matter of law, FDCPA claims…