United States Fourth Circuit
McCauley v. Home Loan Investment Bank, FSB, 12-1181
Dismissal of plaintiff's complaint against defendant banks regarding her mortgage contract is: 1) affirmed in part, where plaintiff's unconscionability claim is preempted by the Home Owners' Loan Act (HOLA); and 2) reversed and remanded in part, where: a) plaintiff alleges defendants engaged in an affirmative deception and this fraud claim only incidentally affects lending, so it falls outside of HOLA, and thus is not preempted; and b) plaintiff properly states a claim for fraud.
Appellate Information
- Decided 03/25/2013
- Published 03/25/2013
Judges
- DUNCAN
Court
- United States Fourth Circuit