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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