[BROKERDIRT] Overdue rent and Fair Debt Collection Practices Act
Byron King
Are they debt collectors subject to the Fair Debt Collection Practices Act?
--
Sincerely,
Byron
Byron King, Esq. MPA RCE
Senior Vice President & General Counsel
South Carolina Association of REALTORS®
REALTOR® member HOTLINE 800-233-6381
Direct extension #117 or (803) 451-2047
By...@SCREALTORS.org
New member benefit: TECH HOTLINE 877-573-5607 or www.TechHelpLine.com
REALTOR® is a federally registered collective membership trade mark which identifies a real estate professional who is a member of the private trade group: the National Association of REALTORS® www.realtor.org and subscribes to its strict written Code of Ethics at Code of Ethics. This email and any files sent with it are confidential. If received in error, please notify sender and delete immediately. SCR member forms at www.screaltors.org. SC license law at www.llronline.com/pol/rec.
South Carolina Association of REALTORS®
3780 Fernandina Road
Columbia, South Carolina 29210
Purpose: To Serve our REALTOR® members (advocacy/services/legal/ethics/tech/products).
Mission: To Enable the professional success of South Carolina REALTORS®
Goal: To provide high value/effective tools, products, services, etc. for REALTOR® members;
advocate for a favorable SC business climate, private property rights, & small businesses.
This email shall not constitute consent to conducting transactions electronically and shall not create a binding legal contract.
REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. This email and any files sent with it are confidential. If you have received this email in error, please notify the sender and then delete it immediately.
To add or remove from this mailing list, please go to <http://listserv.umkc.edu/scripts/wa.exe?SUBED1=BROKERDIRT&A=1> or send an email message to the address list...@listserv.umkc.edu, with the text SIGNOFF BROKERDIRT in the body of the message.
You are subscribed to the BROKERDIRT list as dirt-archive+...@GOOGLEGROUPS.COM.
Problems or questions should be directed to man...@listserv.umkc.edu.
April Charney
not enough facts to say for sure, but the best resource is NCLC's fdcpa manual which you can word search online at www.nclc.org but you need the manual to look up the referenced citations to the manuals. There are some good lawyer driven websites to check:
and
Sent: Wednesday, February 06, 2013 6:46 PM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: [BROKERDIRT] Overdue rent and Fair Debt Collection Practices Act
Are they debt collectors subject to the Fair Debt Collection Practices Act?
--
Sincerely,
Byron
Byron King, Esq. MPA RCE
Senior Vice President & General Counsel
South Carolina Association of REALTORS®
REALTOR® member HOTLINE 800-233-6381
Direct extension #117 or (803) 451-2047
By...@SCREALTORS.org
New member benefit: TECH HOTLINE 877-573-5607 or www.TechHelpLine.com
REALTOR® is a federally registered collective membership trade mark which identifies a real estate professional who is a member of the private trade group: the National Association of REALTORS® www.realtor.org and subscribes to its strict written Code of Ethics at Code of Ethics. This email and any files sent with it are confidential. If received in error, please notify sender and delete immediately. SCR member forms at www.screaltors.org. SC license law at www.llronline.com/pol/rec.
South Carolina Association of REALTORS®
3780 Fernandina Road
Columbia, South Carolina 29210
Purpose: To Serve our REALTOR® members (advocacy/services/legal/ethics/tech/products).
Mission: To Enable the professional success of South Carolina REALTORS®
Goal: To provide high value/effective tools, products, services, etc. for REALTOR® members;
advocate for a favorable SC business climate, private property rights, & small businesses.
This email shall not constitute consent to conducting transactions electronically and shall not create a binding legal contract.
REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. This email and any files sent with it are confidential. If you have received this email in error, please notify the sender and then delete it immediately.
To add or remove from this mailing list, please go to <http://listserv.umkc.edu/scripts/wa.exe?SUBED1=BROKERDIRT&A=1> or send an email message to the address list...@listserv.umkc.edu, with the text SIGNOFF BROKERDIRT in the body of the message.
You are subscribed to the BROKERDIRT list as April....@JAXLEGALAID.ORG.
Problems or questions should be directed to man...@listserv.umkc.edu.
David Pereira
It appears to be somewhat of an unsettled question in all jurisdictions. The leading case seemed to be cited in most cases is Romea v. Heiberger & Assocs., 163 F.3d 111, 114-15 (2nd Cir. 1998)
More recent case here in California, but at a District Court level says it best:
Next, Defendants contend that Plaintiffs cannot state an FDCPA claim because rent and other unpaid residential tenancy obligations are not "consumer debts." The FDCPA defines "debt" as "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced [*7] to judgment." 15 U.S.C. § 1692a(5). n1 Defendants do not cite any legal authority in support of their argument, but simply point out that the Ninth Circuit Court of Appeals so far has not held that rent is a consumer debt for purposes of the FDCPA. They do not cite to any legal authority that the appellate court has held to the contrary. The parties agree that the Ninth Circuit has not addressed the issue, and this court is not aware of any Ninth Circuit opinion on point. The court finds persuasive Romea v. Heiberger & Assocs., 163 F.3d 111, 114-15 (2nd Cir. 1998). It held that in light of the language of the FDCPA, there was no reason why residential rent incurred by a consumer should not constitute a debt. Accordingly, Defendants' argument is rejected.
Leasure v. Willmark Cmtys., Inc., 2011 U.S. Dist. LEXIS 60986, 6-7 (S.D. Cal. June 6, 2011)
From: BROKERDIRT - Real Estate Brokers Discussion Group [mailto:BROKE...@LISTSERV.UMKC.EDU] On Behalf Of Byron King
Sent: Wednesday, February 06, 2013 3:47 PM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: [BROKERDIRT] Overdue rent and Fair Debt Collection Practices Act
Anyone have any thoughts on property managers trying to collect past due rents?
Are they debt collectors subject to the Fair Debt Collection Practices Act?
--
Sincerely,
Byron
Byron King, Esq. MPA RCE
Senior Vice President & General Counsel
South Carolina Association of REALTORS®
REALTOR® member HOTLINE 800-233-6381
Direct extension #117 or (803) 451-2047
By...@SCREALTORS.org
New member benefit: TECH HOTLINE 877-573-5607 or www.TechHelpLine.com
REALTOR® is a federally registered collective membership trade mark which identifies a real estate professional who is a member of the private trade group: the National Association of REALTORS® www.realtor.org and subscribes to its strict written Code of Ethics at Code of Ethics. This email and any files sent with it are confidential. If received in error, please notify sender and delete immediately. SCR member forms at www.screaltors.org. SC license law at www.llronline.com/pol/rec.
South Carolina Association of REALTORS®
3780 Fernandina Road
Columbia, South Carolina 29210
Purpose: To Serve our REALTOR® members (advocacy/services/legal/ethics/tech/products).
Mission: To Enable the professional success of South Carolina REALTORS®
Goal: To provide high value/effective tools, products, services, etc. for REALTOR® members;
advocate for a favorable SC business climate, private property rights, & small businesses.
This email shall not constitute consent to conducting transactions electronically and shall not create a binding legal contract.
REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. This email and any files sent with it are confidential. If you have received this email in error, please notify the sender and then delete it immediately.
To add or remove from this mailing list, please go to <http://listserv.umkc.edu/scripts/wa.exe?SUBED1=BROKERDIRT&A=1> or send an email message to the address list...@listserv.umkc.edu, with the text SIGNOFF BROKERDIRT in the body of the message.
You are subscribed to the BROKERDIRT list as dper...@LOANDEFECTS.COM.
Problems or questions should be directed to man...@listserv.umkc.edu.
Dirt Broker
|
|
Competition
Realty, LLC |
|
Vi
Shetet Geschreiben ~ As It Is Written
*David Martin Lindsey /
Principal Broker / Manager
Competition Realty LLC
P. O. BOX 65002
/Virginia Beach, Virginia 23467 -5002
(757) 424-5102
E-Mail
Contacts
bro...@realtycom.net
Our Web
Page
http://www.realtycom.net
Agency Disclosure and Our Privacy
Statement/Policy
http://www.realtycom.net/adisclosure.htm?COMPETTION-REALTY..www.realtycom.net.No.1.in.Real.Estate....Privacy..Policy
Due
to the volume of email spam received by us, we use strong spam filters.
Therefore, do not e-mail time sensitive instructions or unsolicited emails
without also confirming receipt.
*Disclaimers: [1] Regarding Electronic
Signature: If this communication concern negotiation of a contract or agreement,
electronic signature rules do not apply to this communication: [2] contract
formation in this matter shall occur only with manually-affixed original
signatures on original documents. [3] No negotiations respecting any item (
including repairs), such as talking about that/any item(s) or securing estimates
for same shall not in any way obligate Competition Realty or its Client to that
item or repair(s) discussed, nor shall Competition Realty or its Client be held
liable for any damage(s) for failure not to include/honor the same unless
obligated to do so by the terms set forth in a contract negotiated by the
parties with the aforesaid manually affixed signatures. [4] The Signature given
hereon is not an electronic signature and is provided only for the purposes of
providing information and for no other purpose(s) whatsoever.
The
foregoing comments are copyright (C) MMXIII David Lindsey and may not be copied,
redistributed, extracted from, or recirculated outside of this mailing without
written consent by David Lindsey.
The information herein contained is
for informational purposes only and is not the expression of an professional
opinion and should not be used as such.
**In accordance with Treasury
Regulations Circular 230, we inform you that
any tax information contained in
this communication was not intended or
written to be used, and cannot be
used, for the purpose of (i) avoiding
tax-related penalties under the
Internal Revenue Code or (ii) promoting,
marketing or recommending to another
party any tax-related matter
addressed herein.
CONFIDENTIAL
NOTICE
This communication is intended for the sole use of
the
individual to whom it is addressed and may contain
information that is
privileged, confidential and exempt
from disclosure under applicable law. If
the reader of
this communication is not the intended recipient or
the
employee or agent for delivering the communication to
the intended
recipient, you are hereby notified that any
dissemination, distribution, or
copying of this
communication may be strictly prohibited. If you
have
received this communication in error, please notify the
sender
immediately by telephone call, and return the
above via United States Postal
Service.
Will All Recipients please confirm your receipt by
clicking
reply then putting an x in the brackets [ ] and then clicking
send.
Are they debt collectors subject to the Fair Debt Collection Practices Act?
--
Sincerely,
Byron
Byron King, Esq. MPA RCE
Senior Vice President & General Counsel
South Carolina Association of REALTORS®
REALTOR® member HOTLINE 800-233-6381
Direct extension #117 or (803) 451-2047
By...@SCREALTORS.org
New member benefit: TECH HOTLINE 877-573-5607 or www.TechHelpLine.com
REALTOR® is a federally registered collective membership trade mark which identifies a real estate professional who is a member of the private trade group: the National Association of REALTORS® www.realtor.org and subscribes to its strict written Code of Ethics at Code of Ethics. This email and any files sent with it are confidential. If received in error, please notify sender and delete immediately. SCR member forms at www.screaltors.org. SC license law at www.llronline.com/pol/rec.
South Carolina Association of REALTORS®
3780 Fernandina Road
Columbia, South Carolina 29210
Purpose: To Serve our REALTOR® members (advocacy/services/legal/ethics/tech/products).
Mission: To Enable the professional success of South Carolina REALTORS®
Goal: To provide high value/effective tools, products, services, etc. for REALTOR® members;
advocate for a favorable SC business climate, private property rights, & small businesses.
This email shall not constitute consent to conducting transactions electronically and shall not create a binding legal contract.
REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. This email and any files sent with it are confidential. If you have received this email in error, please notify the sender and then delete it immediately.
To add or remove from this mailing list, please go to <http://listserv.umkc.edu/scripts/wa.exe?SUBED1=BROKERDIRT&A=1> or send an email message to the address list...@listserv.umkc.edu, with the text SIGNOFF BROKERDIRT in the body of the message.
You are subscribed to the BROKERDIRT list as
dirtb...@GMAIL.COM.
Problems or questions should be directed to man...@listserv.umkc.edu.
Dirt Broker
|
|
Competition
Realty, LLC
|
|
You are subscribed to the BROKERDIRT list as
dirtb...@GMAIL.COM.
Problems or questions should be directed to man...@listserv.umkc.edu.