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WALLACE v. WASHINGTON MUT. BANK, F.A.

No. 10-3694.

683 F.3d 323 (2012)

Betty WALLACE, Plaintiff-Appellant, v. WASHINGTON MUTUAL BANK, F.A.; Wells Fargo Bank N.A., Defendants, Lerner, Sampson & Rothfuss, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

June 26, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Andrew M. Engel , Moraine, Ohio, for Appellant. Rick D. DeBlasis , Kimberlee S. Rohr , Lerner, Sampson & Rothfuss, Cincinnati, Ohio, for Appellee.

Before: MERRITT and MOORE, Circuit Judges; MAYS, District Judge.

OPINION

MERRITT, Circuit Judge.

Washington Mutual foreclosed on property before receiving an assignment and transfer of the promissory note and the delinquent home mortgage and before recording it in the Warren County, Ohio, Recorder's Office. Because Washington Mutual did not own the mortgage, the homeowner and mortgagor, plaintiff Betty Wallace, brought a lawsuit for an allegedly false claim of ownership under the Fair Debt Collection Practices Act, 15...

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