Illegal Notices and Letters

Gray v Trott & Trott, P.C.

In our case in Gray v Trott & Trott, P.C. Case # 16-00237, a Federal Judge ruled that the Foreclosure Mortgage Sale Notices (you see them all over in the Detroit Legal news, county buildings, people’s doors) in their current form is illegal under the FDCPA. Foreclosure firms like Trott argue they are just following the Michigan Foreclosure Statute. However, my argument was that the FDCPA preempts State law and foreclosure firms like Trott are publicizing peoples’ personal debt information by advertising to potential buyers that the homeowner is in debt to a debt collector, owes a ton of mortgage debt and is in default. Further, the debt collector states in the Foreclosure Notice that they are collecting a debt which along with everything else, violates consumers’ right to privacy. This is a landmark decision and as a result of this ruling we argue that all forms of foreclosure action are now considered debt collection and foreclosure firms must honor the law and consumers’ right to privacy.

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Foreclosure Firms are Debt Collectors

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Sheriff Sale Notices are Debt Collection

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