Legal Opinion
Vien-Phuong Thi Ho v. Recontrust Co.
Court of Appeals for the Ninth Circuit
Decided October 19, 2016No. 10-56884PublishedCited by 7 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…
2Cases cited26 opinions
- Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
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3Cited by7 opinions
- Zakia Mashiri v. Epsten Grinnell & HowellCourt of Appeals for the Ninth Circuit · 2017
- Dale Dowers v. Nationstar Mortgage, LLCCourt of Appeals for the Ninth Circuit · 2017
- United States v. Frank DuranCourt of Appeals for the Seventh Circuit · 2005
- Scott v. American Security Insurance Co. (In re Scott)United States Bankruptcy Court, S.D. New York · 2017
- Fishburne v. CitiMortgage IncorporatedDistrict Court, D. Arizona · 2019
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