Legal Opinion

Moore v. Wells Fargo Bank (In Re Moore)

United States Bankruptcy Court, S.D. West Virginia

Decided March 13, 2012No. Bankruptcy No. 09-40229. Adversary No. 09-4017Published

1Opinion of the Court

ORDER GRANTING MOTION FOR SUMMARY JUDGEMENT

RONALD G. PEARSON, Bankruptcy Judge.

This matter comes before the Court upon the motion of the Defendant, Wells Fargo Bank d/b/a Wells Fargo Home Mortgage, Inc. (“Wells Fargo”), for summary judgment. In this case, the Debt- or/Plaintiff alleges that the mortgage loan that she obtained through Wells Fargo was unconscionable because the method of calculating her income that Wells Fargo used when underwriting her loan unfairly inflated that income and resulted in a loan that was too large for her to service. The issues underlying the motion have been…

2Cases cited8 opinions

  1. Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996
  2. McGinnis v. CaytonWest Virginia Supreme Court · 1984
  3. Orlando v. Finance One of West Virginia, Inc.West Virginia Supreme Court · 1988
  4. National City Bank Of Indiana v. TurnbaughCourt of Appeals for the First Circuit · 2006
  5. Smith v. BAC Home Loans Servicing, LPDistrict Court, S.D. West Virginia · 2011

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