U.S. 6th cir – Wallace v. WaMU – law firm foreclosing when their client lacks loan ownership is subject to FDCPA claim

29 Jun

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Tuesday, June 26, 2012 3:04 PM
To: Charles Cox
Subject: U.S. 6th cir – Wallace v. WaMU – law firm foreclosing when their client lacks loan ownership is subject to FDCPA claim

From April Charney:

The single issue before us is whether the filing of foreclosure action by the law firm claiming ownership of the mortgage by its client Washington Mutual constitutes a “false, deceptive or misleading representation” under the Fair Debt Collection Practices Act when the bank has not received a transfer of the ownership documents. We hold that the complaint states a valid claim and reverse the dismissal of the case.

12a0197p-06.pdf

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