Legal Opinion

Horvath v. Bank of New York, N.A.

Court of Appeals for the Fourth Circuit

Decided May 19, 2011No. 10-1528PublishedCited by 43 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

OPINION

WILKINSON, Circuit Judge:

In October 2006, America’s Wholesale Lender (“AWL”) agreed to loan John Horvath $650,000. The loan was reflected in an interest-only fixed-rate note and was secured by a deed of trust on Horvath’s home. In exchange for the $650,000, Horvath agreed to repay AWL in monthly installments ranging from $3,791.67 to $5,039.44.

The note allowed AWL (and any subsequent holder) to freely transfer the note. In fact, the note provided for “anyone who takes this Note…

2Cases cited16 opinions

  1. United States v. VonnSupreme Court of the United States · 2002
  2. Ward's Equipment, Inc. v. New Holland North America, Inc.Supreme Court of Virginia · 1997
  3. Miller v. BrownCourt of Appeals for the Fourth Circuit · 2006
  4. Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
  5. Paramount Termite Control Co. v. RectorSupreme Court of Virginia · 1989

11 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Bain v. Metropolitan Mortgage Group, Inc.Washington Supreme Court · 2012
  2. Wolf v. Federal National Mortgage Ass'nDistrict Court, W.D. Virginia · 2011
  3. Davison v. PlowmanDistrict Court, E.D. Virginia · 2017
  4. HSBC Bank USA v. BusetDistrict Court of Appeal of Florida · 2018
  5. Phillip Jackson v. Bank of America CorporationCourt of Appeals for the Seventh Circuit · 2013

38 more not listed; retrieve them via the Exa API.

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