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Gretsch v. Vantium Capital, Inc.

Supreme Court of Minnesota

April 2, 2014

Connie L. Gretsch, Appellant,
v.
Vantium Capital, Inc. d/b/a Acqura Loan Services, Respondent.

Order Filed Date: May 30, 2014.

Court of Appeals Office of Appellate Courts

Timothy L. Thompson, Housing Preservation Project, Saint Paul, Minnesota; and Richard J. Fuller, Minneapolis, Minnesota; and Bert Black, Schaefer Law Firm, LLC, Minneapolis, Minnesota; and Randall Smith, Saint Paul, Minnesota, for appellant. Michael J. Steinlage, Paul Sand, Larson King, LLP, Saint Paul, Minnesota, for respondent.

Prentiss Cox, University of Minnesota Law School, Minneapolis, Minnesota, for amicus curiae University of Minnesota Law School Consumer Protection Clinic.

ORDER

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that the petition of Vantium Capital, Inc., d/b/a Acqura Loan Services for rehearing in the above-entitled matter be, and the same is, denied.

IT IS FURTHER ORDERED that the paragraph that begins on page 13 of the slip opinion filed on April 2, 2014, is hereby modified to read as follows:

We turn next to Acqura's argument that the SPA is not a contract with an "exempt person." The complaint alleges that Acqura "enter[ed] into a [SPA] with the federal government." Acqura argues, however, that an "exempt person" for purposes of Minn. Stat. § 58.13, subd. 1(a)(5), "has a meaning distinct from the term 'government agency.' " Minn. Stat. § 58.02, subd. 9 (2012), defines "exempt person" as "a person exempt from residential mortgage service licensing requirements." And Minn. Stat. § 58.04, subd. 2(b)(5) (2012), clearly states that an "agency of the federal government" is exempt from residential mortgage servicer licensing requirements. Given this statutory text and the record before us, we cannot conclude as a matter of law that the SPA is not a contract with an "exempt person."

Said paragraph previously read as follows:

Turning next to Acqura's argument that the SPA is not a contract with an exempt person, it is clear from the statute that Fannie Mae, an agency of the federal government, is an exempt person. Minnesota Statutes § 58.02, subd. 9 (2012), defines "exempt person" as "a person exempt from residential mortgage servicer licensing requirements." And Minn. Stat. § 58.04, subd. 2(b)(5) (2012), states that an "agency of the federal government" is exempt from residential mortgage servicer licensing requirements. Because there is no dispute that Fannie Mae, the party with whom Acqura entered into the SPA, is an "agency of the federal government, " we cannot conclude, as a matter of law, that Fannie Mae is not an exempt person.

Footnote 10, which followed the final punctuation of the paragraph in the slip opinion filed on April 2, 2014, shall be unchanged and shall continue to appear following the final punctuation of the paragraph in the modified opinion.

IT IS FURTHER ORDERED that the attached slip opinion, amended as stated above, shall be substituted for the opinion .

STRAS, J., took no part in the consideration or decision of this case.

Gildea, C.J. Took no part, Stras, J.

SYLLABUS

1. Minnesota Statutes § 58.18, subd. 1 (2012), provides a borrower who is injured by a violation of the standards set forth in Minn. Stat. § 58.13 (2012) a private right of action for damages.

2. The federal Home Affordable Modification Program does not preempt Minn. Stat. ยง 58.18, subd. 1, and the lack of a federal cause of action to enforce the directives of HAMP does not prohibit a state from ...


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