Legal Opinion

Vien-Phuong Thi Ho v. ReconTrust Co.

Court of Appeals for the Ninth Circuit

Decided October 19, 2016No. 10-56884PublishedCited by 90 opinions

1Opinion of the Court

Partial Dissent and Partial Concurrence by Judge KORMAN

OPINION

KOZINSKI, Circuit Judge:

The principal question in this appeal is whether the trustee of a California deed of trust is a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).

FACTS

Vien-Phuong Thi Ho bought a house in Long Beach using funds she borrowed from Countrywide Bank. The loan was secured by a deed of trust. A deed of trust involves three parties. See Yvanova v. New Century Mortg. Corp., 62 Cal.4th 919, 926-27, 199 Cal.Rptr.3d 66, 365 P.3d 845 (Cal. 2016) (explaining California deeds of trust). The first party…

2Cases cited27 opinions

  1. Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994

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3Cited by90 opinions

  1. Todd Bates v. Green Farms Condominium Ass'nCourt of Appeals for the Sixth Circuit · 2020
  2. Obduskey v. McCarthy & Holthus LLPSupreme Court of the United States · 2019
  3. Cohen v. Rosicki, Rosicki & Assocs., P.C.Court of Appeals for the Second Circuit · 2018
  4. Michelle Echlin v. PeacehealthCourt of Appeals for the Ninth Circuit · 2018
  5. In re: Christopher Michael Marino and Valerie Margaret MarinoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017

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