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  • Thomas Fluharty v. Quicken Loans, Inc., 4th Cir. (2015)

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    This document summarizes a United States Court of Appeals case in which Thomas Fluharty, a bankruptcy trustee, appealed a district court's dismissal of his claims against several defendants under the West Virginia Residential Mortgage Lender, Broker and Servicer Act. The appeals court affirmed the district court's rulings, which included denying Fluharty's motion to certify a question to the West Virginia Supreme Court and granting summary judgment to the defendants on Fluharty's claim that the underlying mortgage contracts were unconscionable under West Virginia law. The appeals court found no reversible error in the district court's rulings.

    Original Description:

    Filed: 2015-11-13 Precedential Status: Non-Precedential Docket: 15-1439

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    This document summarizes a United States Court of Appeals case in which Thomas Fluharty, a bankruptcy trustee, appealed a district court's dismissal of his claims against several defendants under the West Virginia Residential Mortgage Lender, Broker and Servicer Act. The appeals court affirmed the district court's rulings, which included denying Fluharty's motion to certify a question to the West Virginia Supreme Court and granting summary judgment to the defendants on Fluharty's claim that the underlying mortgage contracts were unconscionable under West Virginia law. The appeals court found no reversible error in the district court's rulings.

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    Public Domain
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    21 views3 pages

    Thomas Fluharty v. Quicken Loans, Inc., 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Thomas Fluharty, a bankruptcy trustee, appealed a district court's dismissal of his claims against several defendants under the West Virginia Residential Mortgage Lender, Broker and Servicer Act. The appeals court affirmed the district court's rulings, which included denying Fluharty's motion to certify a question to the West Virginia Supreme Court and granting summary judgment to the defendants on Fluharty's claim that the underlying mortgage contracts were unconscionable under West Virginia law. The appeals court found no reversible error in the district court's rulings.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1439

    THOMAS H. FLUHARTY, Trustee of the Bankruptcy Estate of D.


    Kevin Coleman and Diane M. Coleman; D. KEVIN COLEMAN; DIANE
    M. COLEMAN,
    Plaintiffs - Appellants,
    v.
    QUICKEN LOANS, INC.; TITLE SOURCE, INC.; M&T BANK, Successor
    by Assignment and Sub-Servicing Agreement to Defendant Bank
    of America, N.A.,
    Defendants Appellees,
    and
    BANK OF AMERICA, N.A.,
    Defendant.
    ------------------------WEST VIRGINIA BANKERS ASSOCIATION, INC.; COMMUNITY BANKERS
    OF WEST VIRGINIA, INC.,
    Amici Supporting Appellees.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Wheeling.
    Frederick P. Stamp,
    Jr., Senior District Judge. (5:13-cv-00068-FPS-JES)

    Submitted:

    September 29, 2015

    Decided:

    November 13, 2015

    Before WILKINSON, DUNCAN, and HARRIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Martin P. Sheehan, SHEEHAN & NUGENT, PLLC, Wheeling, West


    Virginia, for Appellants.
    John C. Lynch, Jason Manning,
    TROUTMAN SANDERS, LLP, Virginia Beach, Virginia; Carrie Goodwin
    Fenwick, Joseph M. Ward, GOODWIN & GOODWIN, LLP, Charleston,
    West Virginia, for Appellees.
    Floyd E. Boone, Jr., Sandra M.
    Murphy, Stuart A. McMillan, James E. Scott, BOWLES RICE, LLP,
    Charleston, West Virginia, for Amici Supporting Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Thomas H. Fluharty, the trustee in an underlying bankruptcy
    proceeding,
    dismissing
    Residential

    appeals
    his

    from

    claims

    the

    brought

    Mortgage

    Lender,

    district
    pursuant
    Broker

    courts
    to

    and

    the

    orders:
    West

    Servicer

    (1)

    Virginia
    Act,

    (2)

    denying his motion to certify a question to the West Virginia


    Supreme Court, and (3) granting summary judgment in favor of the
    Defendants on his claim that the mortgage contracts at issue
    were unenforceable as unconscionable under West Virginia law.
    We have reviewed the record included on appeal, as well as the
    parties briefs, and find no reversible error.

    Accordingly, we

    affirm for the reasons stated by the district court.

    Fluharty

    v. Quicken Loans, Inc., No. 5:13-cv-00068-FPS-JES (N.D. W. Va.


    Nov. 7, 2013; Feb. 19, 2014; Apr. 6, 2015).
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.


    AFFIRMED

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