Maynard v. Cannon’s Empirical Analysis
2010
Citation profile
4 federal appellate · 6 district · 2 state decisions
Relationships
Applies 15 U.S.C. § 1692 (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692A (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692C (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692E (Fair Debt Collection Practices Act) · 15 U.S.C. § 1692F (Sherman Antitrust Act) · 15 U.S.C. § 1692G (Fair Debt Collection Practices Act) · 28 U.S.C. § 1291
Relies on Chaudhry v. Gallerizzo · Wilson v. Draper & Goldberg, P.L.L.C. · Gburek v. Litton Loan Servicing LP · Johnson v. Riddle · Piper v. Portnoff Law Associates, Ltd.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Utah law, a non-judicial foreclosure is commenced by a trustee filing a notice of default, and after a three-month no-action period, the trustee can sell the trust property at public auction. Utah Code Ann. §§ 57-1-23 ,-24,-27. A non-judicial foreclosure differs from a judicial foreclosure in that the sale does not preserve to the trustee the right to collect any deficiency in the loan amount personally against the mortgagor. See 59A C.J.S. Mortgages § 874. Thus, a non-judicial foreclosure allows the trustee to obtain proceeds from the sale of the foreclosed property, and no more. Under Utah law, for Household to recover any deficiency against Maynard personally, it would be required to commence a separate contract action as permitted under the loan documents. See Utah Code Ann. § 57-1-32 (“[W]ithin three months after any sale of property under a trust deed ... an action may be commenced to recover the balance due on the obligation for which the trust deed was given as security.”).”
1 later decision quote this exact passage · from the majority“unfair or unconscionable means to collect or attempt to collect any debt, specifically: taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if (a) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (b) there is no present intention to take possession of the property; or (c) the property is exempt by law from such dispossession or disablement.”
1 later decision quote this exact passage · from the majority“The FDCPA does not result in liability for every statement later alleged to be inaccurate, no matter how small or ultimately harmless.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.