Does nonjudicial foreclosure seek to collect money from the debtor?

California, United States of America


The following excerpt is from Best v. Ocwen Loan Servicing, LLC, 279 Cal.Rptr.3d 69, 64 Cal.App.5th 568 (Cal. App. 2021):

"It is true that ... nonjudicial foreclosure does not seek a payment of money from the debtor but rather from sale of the property itself. [Citation.] But nothing in the primary definition requires that payment on a debt come from a debtor. The statute speaks simply of the collection of any debts ... owed or due. [Citation.] Moreover, the provision sweeps in both direc[t] and indirec[t] debt collection. [Citation.] So, even if nonjudicial foreclosure were not a direct attempt to collect a debt, because it aims to collect on a consumer's obligation by way of enforcing a security interest, it would be an indirect attempt to collect a debt." ( Obduskey v. McCarthy & Holthus LLP, supra , 139 S.Ct. 1029, 1036-1037.)

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