Flannick v. First Union Home Equity Bank

MEMORANDUM AND ORDER

SCHILLER, District Judge.

Before this court is Plaintiffs Motion for Class Certification and Defendant’s Motion for Summary Judgment in the above-captioned matter. For the reasons set forth below I deny Defendant’s Motion and Certify the Class.

I. Facts

Plaintiffs Joseph and Linda Flannick applied for a home equity loan with Defendant First Union Home Equity Bank (“First Union”), a national bank which is headquartered in North Carolina and which operates no branch offices outside of that State. 1 At the closing on Wednesday, February 26, 1997, Plaintiffs signed a note and…