SER Ocwen Loan Servicing v. Hon. Carrie Webster, Judge

In this proceeding seeking a writ of prohibition, the petitioner, Ocwen Loan Servicing, LLC (“Ocwen”), asks this Court to prevent the circuit court of Kanawha County from enforcing its order that denied Ocwen’s “Motion to Compel Individual Arbitration and Dismiss, or Alternatively, Stay Matter.” In denying Ocwen’s motion, the circuit court first concluded that the arbitration agreement was unenforceable under a provision of the Dodd-Frank Act that proscribes the inclusion of arbitration agreements in connection with residential mortgage loans. See 15 U.S.C. § 1639c(e)(l) (2010) (Cum. Ann.…