ANDERSON v. BARCLAYS CAPITAL ESTATE, 2011-908 (8-24-2011)

2011-Ohio-4217

Anderson v. Barclays Capital Estate, Inc.

No. 2011-908.Supreme Court of Ohio.
August 24, 2011.

MOTION AND PROCEDURAL RULING
Certified Question of State Law, United States District Court, Northern District of Ohio, Western Division, Case Nos. 3:09-cv-02335-JGC. On review of preliminary memoranda pursuant to S.Ct.Prac. R. 18.6. The court accepts the following questions:

1. “Does the servicing of a borrower’s residential mortgage loan constitute a `consumer transaction’ as defined in the Ohio Consumer Sales Practices Act., R.C. 1345.01(A)?”

2. “Are entities that service residential mortgage loans `suppliers . . . engaged in the business of effecting or soliciting consumer transactions’ within the meaning of the Ohio Consumer Sales Practices Act., R.C. 1345.01(C)?”

This cause is held for the decision in 2011-0890, State ex rel. DeWine v. GMAC Mtge. L.L.C..

O’Donnell, J., dissents.

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