United States Fourth Circuit

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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

Counsel

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