Legal Opinion
National Home Equity Mortgage Ass'n v. Face
Court of Appeals for the Fourth Circuit
Decided February 7, 2001No. 99-2331, 99-2386PublishedCited by 27 opinions
1Opinion of the Court
OPINION
NIEMEYER, Circuit Judge:
We must decide whether a non-federally chartered housing creditor in Virginia may, by complying with the Alternative Mortgage Transaction Parity Act of 1982, include in a home loan agreement an obligation to pay a prepayment fee that exceeds the limits imposed by Virginia Code §§ 6.1-330.83 and 6.1-380.85. For the reasons that follow, we hold that, subject to the non-federally chartered lender’s compliance with federal law, it may charge a prepayment fee, despite any limitation imposed by the Virginia Code, because in that circumstance the federal law preempts…
2Cases cited6 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Malone v. White Motor Corp.Supreme Court of the United States · 1978
- Worm v. American Cyanamid Co.Court of Appeals for the Fourth Circuit · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Turner Ansley v. Ameriquest Mortgage CompanyCourt of Appeals for the Ninth Circuit · 2003
- United States v. Gary D. Bollin, United States of America v. Ernst N. Tietjen, United States of America v. James GormleyCourt of Appeals for the Fourth Circuit · 2001
- College Loan Corp. v. SLM Corp.Court of Appeals for the Fourth Circuit · 2005
- Thomas W. McCarthy v. Option One Mortgage Corporation and Bnc Mortgage, Inc.Court of Appeals for the Seventh Circuit · 2004
- Glukowsky v. Equity One, Inc.Supreme Court of New Jersey · 2004
22 more not listed; retrieve them via the Exa API.