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ANDERSON v. BARCLAY'S CAPITAL REAL ESTATE, INC.

No. 2011-0908.

136 Ohio St.3d 31 (2013)

2013-Ohio-1933

ANDERSON v. BARCLAY'S CAPITAL REAL ESTATE, INC., D.B.A. HOMEQ SERVICING.

Supreme Court of Ohio.

Decided May 14, 2013.

Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., John T. Murray , Leslie O. Murray , and Michael J. Stewart , for respondent.

Porter, Wright, Morris & Arthur, L.L.P., James D. Curphey , Kathleen M. Trafford , and L. Bradfield Hughes ; and Buckley Sandler, L.L.P., and Benjamin B. Klubes , for petitioner.

Crawford, Lowry & Associates, L.L.C., and G. Ian Crawford ; and Wells Law Office, Inc., and Amy L. Wells , urging that the certified questions be answered in the affirmative for amicus curiae Ohio Association for Justice.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor, and Jeffrey R. Loeser , Assistant Attorney General, urging that the certified questions be answered in the affirmative for amicus curiae the Ohio Attorney General.

Linda Cook , Lauren E. Dreshman , Tammy L. Greenwald , Aneel L. Chablani , and Andrew D. Neuhauser , urging that the certified questions be answered in the affirmative for amici curiae Ohio Legal Services Programs, Coalition on Homelessness and Housing in Ohio, Toledo Fair Housing Center, Miami Valley Fair Housing Center, and the National Consumer Law Center.

O'CONNOR, C.J.

{¶ 1} In this case, which is before us on the certification of state-law questions by the United States District Court for the Northern District of Ohio, Western Division, we address whether the Ohio Consumer Sales Practices Act ("CSPA"), codified in R.C. Chapter 1345, applies to the servicing of residential mortgage loans. We determine that it does not.

RELEVANT BACKGROUND

{¶ 2} The...

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