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Legal Opinion

Delebreau v. Bayview Loan Servicing, LLC

Court of Appeals for the Fourth Circuit

Decided May 31, 2012No. 11-1139PublishedCited by 13 opinions

1Opinion of the Court

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge GREGORY and Judge O’GRADY joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this purported class action on behalf of borrowers holding home mortgage loans serviced by Bayview Loan Servicing, LLC (Bayview), Cathy and David Delebreau (the Delebreaus) claim that Bayview improperly added fees to borrowers’ accounts in violation of the West Virginia Consumer Credit and Protection Act (the Consumer Credit Act), W. Va.Code §§ 46A-1-101 through 46A-8-102. Such claims brought under the Consumer Credit Act are subject to…

2Cases cited10 opinions

  1. Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
  2. State v. ElderWest Virginia Supreme Court · 1968
  3. Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
  4. Norman P. Singer v. Thomas F. Dungan Benjamin Flammey the Cambridge Institute, IncorporatedCourt of Appeals for the Fourth Circuit · 1995
  5. Amason v. First State Bank of LinevilleSupreme Court of Alabama · 1979

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3Cited by13 opinions

  1. Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
  2. In Touch Concepts, Inc. v. Cellco PartnershipDistrict Court, S.D. New York · 2013
  3. The Kanawha-Gauley Coal & Coke Company v. Pittston Minerals Group, Inc.Court of Appeals for the Fourth Circuit · 2012
  4. Tribeca Lending Corp. v. James E. McCormickWest Virginia Supreme Court · 2013
  5. Abrasives-South, Inc. v. AWUKO Abrasives Wandmacher GmbH & Co. KGDistrict Court, D. South Carolina · 2016

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