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May 21, 2015: NHLP Amicus Success in Ninth Circuit (Kuns v Ocwen)

California’s anti-deficiency statute prohibits a creditor from collecting a deficiency following a foreclosure in a number of situations, but the district court held that the servicer may still report the deficiency on the consumer’s credit report.

NHLP filed an amicus brief in this case, in support of the homeowner, on February 24, 2014. The brief argues that reporting the deficiency in this situation violates the Fair Credit Reporting Act and Civil Code 1785.25 because such reporting is still incomplete or inaccurate because it leaves the misleading impression that the consumer is still responsible for the debt.
The panel reversed the district court on the reporting issue, holding that reporting a debt that is not collectible under anti-deficiency statute's purchase money loan provision is "incomplete or inaccurate" under California's Consumer Credit Reporting Agencies Act.

Kuns v. Ocwen Loan Servicing, No. 13-55562 (9th Cir. May 21, 2015)

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