United States Fourth Circuit
McFarland v. Wells Fargo Bank, 14-2126
In a contracts action contending that plaintiff's mortgage agreement is an unconscionable contract under the West Virginia Consumer Credit and Protection Act, W. Va. Code section 46A-1-101, et seq., the district court's grant of summary judgment to defendants is: 1) affirmed so far as the amount of a mortgage loan, by itself, cannot show substantive unconscionability under West Virginia law; 2) vacated in part because West Virginia law allows for claims of unconscionable inducement, even when a contract's substantive terms are not unfair.
Appellate Information
- Published 2016/01/15
Judges
- HARRIS
Court
- United States Fourth Circuit