Wendt v. Bank of New York Mellon Trust Company, N.A.
Annotate this CaseA homeowner sought to rescind a foreclosure sale, arguing the notices he received before the sale were deficient because they lacked information required under state and federal law. The notices were sent by a law firm acting on behalf of a bank, which by assignment was the beneficiary of the deed of trust. The superior court granted summary judgment to the bank, determining that the law firm’s communications on the bank’s behalf did not violate the federal Fair Debt Collection Practices Act (FDCPA), the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), or the state nonjudicial foreclosure statute, and that the homeowner was not entitled to relief. After review, the Alaska Supreme Court concurred with the superior court and affirmed its judgment.
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