Defendant-Appellants, Green Tree Servicing LLC (“Green Tree Servicing”) and Green Tree Investment Holdings, LLC (“Green Tree Investment”) (together, “Green Tree”) appeal the district court’s orders denying their Motions to Stay Litigation and Compel Arbitration in the actions brought by Plaintiff-Appellees Jack Blinco, Jr. and Deborah Blinco (together, the “Blincos”), husband and wife, alleging Appellants violated the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 (“RESPA”).
I. Facts
On November 17, 1999, the Blincos, together, signed and executed a mortgage (the “Mortgage”). On the same day, Mr. Blinco, alone, signed and executed a promissory note (the “Note”) in favor of Conse-co Finance Servicing Corporation (“CFSC”) as lender. The Note contains the following arbitration clause (in pertinent part):
All disputes, claims or controversies arising from or relating to this contract or the relationships which result from this contract ... shall be resolved by binding arbitration by one arbitrator .... The parties agree and understand that all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract, tort, and property disputes, will be subject to binding arbitration in accord with this contract.
The Note’s named lender, CFSC, is a subsidiary of Conseco, Inc. (“Conseco”). Conseco and a number of its subsidiaries, including CFSC, filed for Chapter 11 bankruptcy in 2003. As part of the Conse-co group’s court-approved plan of reorganization, CFSC transferred certain assets-to CFN Investment Holdings, LLC (“CFN”), now known as Green Tree Investment (and its affiliates). In December 2003, the Blincos brought a putative class action against Green Tree Servicing in Florida state court alleging failure to provide the notice required by Section 6 of RESPA in connection with what the Blin-
II. Scope of Claims Subject to Arbitration Clause
Appellants argue that invocation of the Note’s arbitration clause to resolve Appellees’ RESPA claims is appropriate because servicing of the Blincos’ loan arises from and/or relates to the Note or the relationships resulting from the Note. Green Tree argues that without the Note evidencing the loan, no servicing relationship between Green Tree and the Blincos would exist. The Blincos counter that it is Green Tree’s independent statutory status as loan servicer that gives rise to their claims, not the Note or the Mortgage. The Blincos argue that servicing is severa-ble from the Note and Mortgage and accordingly do not rely upon the Noté and/or Mortgage in making their RESPA claims. Therefore, the Blincos contend that the Note’s arbitration clause has no nexus with their claims and cannot be invoked.
The Court concludes that the Blin-cos’ RESPA claims arise from the Note and are subject to the arbitration clause therein. In resolving this issue, it is important to first note the unquestionably strong federal policy favoring arbitration.
Moses H. Cone Hosp. v. Mercury Constr. Corp.,
III. Green Tree’s Ability to Invoke Arbitration Clause
Green Tree Servicing argues that it may compel arbitration under the Note because it is the same entity as CFSC, the named lender in the Note. Further, Green Tree Servicing and Green Tree Investment contend that, regardless of their signatory status, the arbitration clause is broad enough to require the Blincos to arbitrate their' RESPA claims against non-signatories. The Blincos dispute Green
The Court concludes that the language of the arbitration clause at issue is broad enough to permit both Green Tree entities to invoke it, regardless of their signatory status. Because, as discussed above, the Blincos’ RESPA claims derive from a “relationship” that “results from” the Note
(i.e.,
loan servicing), the arbitration clause easily encompasses both Green Tree Servicing and Green Tree Investment as alleged servicers of the Note. The scope of the Note’s arbitration clause is sufficiently broad to allow non-signatories to invoke the clause where, as here, they face claims derived from the Note.
See MS Dealer Serv. Corp. v. Franklin,
TV. Applicability of Arbitration Clause to Non-Signatory Mrs. Blinco
Green Tree argues that Mrs. Blinco’s non-signatory status vis-á-vis the Note should not bar the invocation of the arbitration clause against her. Specifically, Green Tree argues that Mrs. Blinco should be compelled to arbitrate under the doctrine of equitable estoppel. Green Tree contends that Mrs. Blinco has invoked the Note in order to bring her RES-PA claims, but seeks to avoid the arbitration clause contained therein. The Blincos contend that the equitable estoppel doctrine cannot be applied to compel Mrs. Blinco to arbitrate because Mrs. Blinco is not attempting to enforce the Note. Rather, they contend that Mrs. Blinco’s claims arise solely from statutory rights created by RESPA. Further, the Blincos argue that the failure to obtain Mrs. Blinco’s signature on the Note should be construed against the Note’s drafter, not Mrs. Blinco. The Court concludes that, although a non-signatory to the Note, Mrs. Blinco may nonetheless be held to the arbitration clause of the Note under the doctrine of equitable estoppel. Equitable estoppel precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes. See
Price v. Humana Ins. Co.,
V. Completeness of Arbitration Clause
Finally, the Blincos argue that the arbitration clause is unenforceable because it does not specify the identity of the arbitrator, forum, location or allocation of costs from the arbitration.
VI. Conclusion
The Court REVERSES and REMANDS to the district court with instructions to grant the Motions to Stay Litigation and Compel Arbitration as to both the Blincos.
