United States Fourth Circuit

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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

  • Decided
  • Published 2016/01/15

Judges

  • HARRIS

Court

  • United States Fourth Circuit

Counsel

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