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Banking Law Keyed to Carnell, 7th Ed.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
Citation:
559 U.S. 573 (2010)Facts
In April 2006, Carlisle filed a foreclosure complaint in Ohio state court on behalf of Countrywide Home Loans against Karen Jerman. The complaint included a notice stating that Jerman’s mortgage debt would be assumed valid unless she disputed it in writing. Jerman’s attorney sent a letter disputing the debt, prompting Carlisle to verify the information with Countrywide. Upon discovering that Jerman had already paid the debt in full, Carlisle withdrew the foreclosure lawsuit. Jerman then filed a class-action lawsuit against Carlisle, alleging that the law firm violated §1692g of the FDCPA by requiring her to dispute the debt in writing. The District Court found that Carlisle had indeed violated the FDCPA but granted summary judgment to Carlisle under the bona fide error defense, finding that the violation was unintentional and occurred despite reasonable procedures to avoid such errors. The Sixth Circuit affirmed, holding that the bona fide error defense applies to mistakes of law, not just clerical or factual errors.
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