The U.S. Court of Appeals for the Sixth Circuit June 26 held a borrower can sue a Cincinnati, Ohio, law firm under the Fair Debt Collection Practices Act, warning federal district courts there to be cautious about an ongoing foreclosure-related debate under Ohio law (Wallace v. Wells Fargo Bank N.A.).
The case involved Betty Wallace, who claimed attorneys at Lerner, Sampson & Rothfuss violated the FDCPA by making a “false, deceptive or misleading representation” that Washington Mutual Bank held her mortgage when it did not.
The law firm claimed Ohio law allows banks to anticipate ownership after foreclosure ...
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