HO v. RECONTRUST COMPANY, NA

No. 10-56884.

840 F.3d 618 (2016)

Vien-Phuong Thi HO, Plaintiff-Appellant, v. RECONTRUST COMPANY, NA, subsidiaries of Bank of America, N.A.; Countrywide Home Loans Inc; Bank of America, N.A., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 8, 2015.

Filed October 19, 2016.

Resubmitted September 3, 2015 Pasadena, California.


Attorney(s) appearing for the Case

Nicolette Glazer, Esq. (argued), Law Offices of Larry R. Glazer, Century City, California, for Plaintiff-Appellant.

Margaret M. Grignon (argued) and Kasey J. Curtis , Reed Smith LLP, Los Angeles, California; Carolee A. Hoover and David C. Powell , McGuire Woods LLP, San Francisco, California; for Defendants-Appellees.

Dean T. Kirby, Jr. and Martin T. McGuinn , Kirby & Mcguinn, A P.C., San Diego, California, for Amici Curiae United Trustee's Association, California Bankers Association, American Legal and Financial Network, Arizona Trustee Association and California Mortgage Association.

Meredith Fuchs , General Counsel, To-Quyen Truong , Deputy General Counsel, John R. Coleman , Assistant General Counsel, Nandan M. Joshi and Thomas M. McCray-Worrall , Attorneys, Consumer Financial Protection Bureau, Washington, D.C., for Amicus Curiae Consumer Financial Protection Bureau.

Partial Dissent and Partial Concurrence by Judge Korman.


OPINION

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...

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