Avila v. Community Bank of Virginia

LISA WHITE HARDWICK, Judge.

Richard and Dana Avila appeal the circuit court’s dismissal of their claims against Community Bank of Northern Virginia (“Community Bank”) and GMAC-Residential Funding Corporation (“GMAC”) for violations of the Second Mortgage Loan Act (“SMLA”), Section 408.231 et seq. 1 We affirm the circuit court’s dismissal because the Avilas failed to state a claim under the SMLA on which relief could be granted.

Factual and Procedural History

On June 30, 1998, the Avilas obtained from Community Bank a $30,000 loan secured by a second mortgage on the Avilas’ home. The loan was to…