Over a month after the filing of the foreclosure action, Bank received an assignment and transfer of the loan and recorded it in the county recorder's office.
Borrower then filed an action in federal court, alleging in part that the Law Firm had falsely represented the name of the holder and mortgagee of the loan in supposed violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. ("FDCPA") and Ohio's consumer protection law. Specifically, Borrower claimed that the Law Firm used "false, deceptive or misleading representations" in connection with the collection of the mortgage debt in violation of the FDCPA's section 1692e.
The Sixth Circuit reversed and remanded, ruling that Borrower had alleged a material misrepresentation sufficient to survive a motion to dismiss.
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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