Rick Greer v. Green Tree Servicing LLC;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICK GREER,
Plaintiff-Appellant,
v.
GREEN TREE SERVICING LLC; et al.,
Defendants-Appellees.
No. 15-35691
D.C. No. 3:14-cv-05594-RJB
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Rick Greer appeals pro se from the district court’s summary judgment in his
action alleging Fair Debt Collection Practices Act (“FDCPA”) and state law
claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Glenn
v. Washington County, 673 F.3d 864, 870 (9th Cir. 2011). We may affirm on any
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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basis supported by the record. Afewerki v. Anaya Law Grp., 868 F.3d 771, 778
(9th Cir. 2017). We affirm.
Summary judgment on Greer’s 15 U.S.C. §§ 1692e and 1692g claims
against defendant Green Tree Servicing LLC based on communications received
by Greer before July 25, 2013 was proper because Greer failed to file his suit
within one year of Green Tree’s alleged violations. See 15 U.S.C. § 1692k(d) (a
claim under the FDCPA must be brought “within one year from the date on which
the violation occurs”).
Summary judgment on Greer’s §§ 1692e and 1692g claims against Green
Tree based on communications received by Greer after July 25, 2013, and against
defendants Northwest Trustee Services, Inc. and RCO Legal, P.S., was proper
because the communications were not attempts to collect a debt as defined by the
FDCPA. See Ho v. ReconTrust Co., 858 F.3d 568, 572 (9th Cir. 2017) (“[A]ctions
taken to facilitate a non-judicial foreclosure . . . are not attempts to collect ‘debt’ as
that term is defined by the FDCPA.”); Dowers v. Nationstar Mortg., LLC, 852 F.3d
964, 970 (9th Cir. 2017) (explaining that “while the FDCPA regulates security
interest enforcement activity, it does so only through Section 1692f(6),” and that
“[a]s for the remaining FDCPA provisions, ‘debt collection’ refers only to the

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collection of a money debt”).
The district court properly granted summary judgment on Greer’s claims
under § 1692f because Greer failed to raise a genuine dispute of material fact as to
whether defendants’ conduct was unfair or unconscionable. See 15 U.S.C.
§ 1692f(6); Ho, 858 F.3d at 573 (§ 1692f(6) only protects a consumer against
abusive practices of a security enforcer); Dowers, 852 F.3d at 971 (discussing
protections for borrowers set forth in § 1692f(6)).
The motion of Northwest’s counsel, RCO Legal, to withdraw (Docket Entry
No. 34) is granted. The Clerk shall serve this order on Northwest Trustee Services,
Inc. at the address provided in counsel’s motion to withdraw: General Counsel,
13555 S.E. 36th St., Ste. 300, Bellevue, WA 98006.
AFFIRMED.

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