Mellentine v. Ameriquest Mortgage Co.

Summarized by Laura Bartell , Wayne State University Law School
13 years 2 weeks ago

Citation:

No. 11-2467 (6th Cir. Feb. 14, 2013)

Tag(s):

Ruling:

Sixth Circuit reversed dismissal of claim under Fair Debt Collection Practices Act by homeowners against law firm representing lender in connection with foreclosure of mortgage, holding that law firm was "debt collector" under FDCPA. Sixth Circuit also reversed judgment on the pleadings entered against lender under Real Estate Settlement and Procedures Act, holding that homeowners pleaded sufficient facts to state a claim. The court affirmed the dismissal of all other claims under the FDCPA and RESPA.

Procedural context:

Appeal from decision of district court for the E.D. Mich.

Facts:

Homeowners defaulted on their mortgage. The law firm representing their lender sent them a letter informing them of their default and of the intent of the lender to begin foreclosure proceedings. The homeowners contacted the lender to request a loan modification. When the lender did not respond, the homeowners sent the lender and its attorneys a Qualified Written Request (QWR) under RESPA. The lender responded the the QWR, but the homeowners alleged that the response was later than the sixty days allowed by statute.

Judge(s):

Moore and Cole, Circuit Judges, and Rose, district judge sitting by designation

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