Friday, September 2, 2011

Questions Surrounding Applicability Of State Consumer Protection Law To Mortgage Servicer Activities To Be Decided By Ohio Supreme Court

From the Supreme Court of the State of Ohio:

MOTION AND PROCEDURAL RULING

Certified Question of State Law, United States District Court, Northern District of Ohio, Western Division, Case Nos. 3:10-cv-02537-JZ and 1:10-cv-02709-JZ. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 18.6. The court will answer the following questions:

1. "Does the servicing of a borrower's residential mortgage loan constitute a `consumer transaction' as defined in the Ohio Consumer Sales Practices Act., R.C. 1345.01(A)?"

2. "Does the prosecution of a foreclosure action by a mortgage servicer constitute a `consumer transaction' as defined in the Ohio Consumer Sales Practices Act., R.C. 1345.01(A)?"

3. "Is an entity that services a residential mortgage loan, and prosecutes a foreclosure action, a `supplier . . . engaged in the business of effecting or soliciting consumer transactions' as defined in the Ohio Consumer Sales Practices Act., R.C. 1345.01(C)?'"

O'Donnell, J., dissents.

Source: 08/24/2011 Case Announcements, 2011-Ohio-4217 (State ex rel. DeWine v. GMAC Mtge. L.L.C.).

No comments: