Tribeca Lending Corp. v. James E. McCormick

KETCHUM, Justice:

The petitioner, Tribeca Lending Corporation (“Tribeca”), received a deed to a house as a result of a foreclosure action. Tribeca filed an unlawful detainer action against the occupant of the house, respondent James E. McCormick, because Mr. McCormick refused to vacate the house. In response, Mr. McCormick asserted various counterclaims against Tribeca alleging violations of the West Virginia Consumer Credit and Protection Act, W.Va.Code § 46A-1-101 to -8-102 [1974],

The Circuit Court of Kanawha County has certified two questions for this Court’s consideration regarding whether…