Legal Opinion
McFarland v. Wells Fargo Bank, N.A.
District Court, S.D. West Virginia
Decided May 7, 2014No. Civil Action No. 2:12-cv-07997PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
In West Virginia, lender liability suits have taken a strange turn that threatens to uproot basic principles of contract law. The plaintiffs in these suits, homeowners tied to mortgages, have concocted a novel theory of injury. That theory is as follows: refinancing a home for more than its fair market value is one-sided and overly harsh against the borrower, justifying rescission of a home loan. I have concluded that this theory is absurd. But it has been repeatedly accepted by other judges. Therefore, with some trepidation, I…
2Cases cited21 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
- N. Brown FELTY, Plaintiff-Appellant, v. GRAVES-HUMPHREYS COMPANY, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
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3Cited by4 opinions
- Philip McFarland v. Wells Fargo Bank, N.A.Court of Appeals for the Fourth Circuit · 2016
- Edge v. Roundpoint Mortgage Servicing CorporationDistrict Court, N.D. West Virginia · 2024
- Quicken Loans v. Marsha Gale Walters, AdministratrixWest Virginia Supreme Court · 2017
- Quicken Loans v. Marsha Gale Walters, AdministratrixWest Virginia Supreme Court · 2017