United States Fourth Circuit

In a purported class action on behalf of borrowers holding home mortgage loans serviced by the defendant, claim that the defendant improperly added fees to borrowers' accounts in violation of the West Virginia Consumer Credit and Protection Act, the district court's judgment that the plaintiffs' claims were time-barred is affirmed, where under the statute of limitations, the due date of the last scheduled payment of the agreement, which began the limitations period, was the loan acceleration date set by the defendant in accordance with the deed of trust declaring the entire loan amount due, and not the loan maturity date designated in the plaintiffs' loan documents.

Appellate Information

• Decided 05/31/2012
• Published 05/31/2012

Judges

• Barbara Milano Keenan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Jennifer S. Wagner, John Curtis Lynch