Views Split on Significance of EMC Arbitration Case Ruling
September 20, 2004
A federal appeals court has upheld a $6 million arbitration judgment against servicer EMC Mortgage in a case that involved allegations of abusive collection practices. But industry and consumer attorneys are divided over the message that the ruling sends to lenders. At issue is an Aug. 26 ruling in Stark v. Sandberg, et. al. in which the U.S. Court of Appeals for the 8th Circuit reversed a lower court ruling that the arbitration agreement in…