On May 14, 2013, the Supreme Court handed down a merit decision in Anderson v. Barclay’s Capital Real Estate, Inc., 2013-Ohio-1933. By a vote of 5-2 (Justice French concurred in judgment only, but wrote nothing separately) the Court held that mortgage servicing is not covered under the Ohio Consumer Sales Practice Act. (CSPA). Chief Justice
Mortgage Servicers
What’s On Their Minds: Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? Another Round. Sondra Anderson v. Barclays Capital Real Estate, Inc, d.b.a. HomEq Servicing.
By Marianna Bettman on
Update: On May 14, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here.
On February 26, 2013, the Supreme Court heard oral argument in the case of Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home EqServicing, 2011-0908. The issue is whether mortgage servicers are covered under…
Oral Argument Preview: Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? Another Round. Sondra Anderson v. Barclays Capital Real Estate, Inc, d.b.a. HomEq Servicing.
By Marianna Bettman on
Update: On May 14, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On February 26, 2013, the Supreme Court of Ohio will hear oral argument in the case of Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home…
What’s On Their Minds? Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? State of Ohio ex. Rel. Michael DeWine, Attorney General of Ohio, et al. v. GMAC Mortgage, LLC, et al.
By Marianna Bettman on
Final update: On March 15, 2016, this case was dismissed as improvidently accepted.
And another further update: Because of the bankruptcy stay in this case, the Court allowed the case of Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home
EqServicing, 2011-0908 to proceed. This case raised similar issues to the GMAC case. The…
Oral Argument Preview: Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? State of Ohio ex. Rel. Michael DeWine, Attorney General of Ohio, et al. v. GMAC Mortgage, LLC, et al.
By Marianna Bettman on
Final update: On March 15, 2016, this case was dismissed as improvidently accepted.
Further Update: On May 14, 2012 GMAC Mortgage, LLC filed for bankruptcy in the Southern District of New York. On June 20, 2012, the Supreme Court of Ohio granted an automatic stay of further proceedings in this case, pending resolution of the…