Servicing

Ohio Supreme Court: Mortgage servicing not a consumer transaction

Mortgage loan servicing is not a ‘consumer transaction’ under state law, the Ohio Supreme Court ruled this week.

The Columbus Dispatch has more on the ruling:

The homeowner, Sondra Anderson, alleged that Barclay’s, which operated the mortgage-servicing business under the name HomEq before selling it three years ago, had not applied her mortgage payments correctly.

The federal court asked the Supreme Court for clarification of the situation in the context of the Ohio Consumer Sales Practices Act, which generally prohibits unfair or deceptive acts in consumer transactions. It is common for federal courts to ask for guidance from the Supreme Court on questions of state law.

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