Ohio Supreme Court Certifies Questions Regarding GMAC Robo-signing Issues and Ohio Consumer Sales Practices Act
By Daniel Edstrom
DTC Systems, Inc.
On August 24, 2011, the Ohio Supreme Court agreed to hear the following questions:
MOTION AND PROCEDURAL RULING
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.
Ruling: http://dtc-systems.net/wp-content/uploads/2011/12/State-ex-rel-DeWine-v.-GMAC-Mtge-LLC.pdf
Presentation regarding Mortgage Servicing Origination and Foreclosure Issues: http://dtc-systems.net/wp-content/uploads/2011/12/08-Mortgage-Servicing-Origination-and-Foreclosure-Issues-Jeff-Loeser-presentation.pdf