Ohio Supreme Court to Decide If Mortgage Servicers Are Subject to Ohio Consumer Laws and Penalties

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Are mortgage servicers subject to the Ohio Consumer Sales Practices Act, O.R.C. § 1345.01, et seq. (“CSPA” or “Act”)? Two federal judges have recently asked the Ohio Supreme Court to decide this question, and Ohio’s top court announced today that it would accept certification. The CSPA exempts many financial institutions – including banks – from its coverage, but there is still controversy as to whether this exemption applies to non-bank mortgage servicers. The controversy is important since the CSPA could add considerable difficulty to mortgage servicers’ efforts to prosecute foreclosure actions. Now that the federal courts have referred this dispute directly to the Ohio Supreme Court, mortgage servicers will be watching closely to see how the Court deals with the matter.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richik Sarkar, McDonald Hopkins LLC | Attorney Advertising

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