Showing 2 posts in West Virginia.
Witness Only Closings in West Virginia and Notary Fees: Is Your Bank at Risk for a Class Action Lawsuit?
In a class action lawsuit filed in West Virginia, the United States District Court for the Northern District of West Virginia recently held in Dijkstra v. Carenbauer et al (Civil Action No. 5:11-CV-152, Document Nos. 210 and 242) that the closing of real estate loans by non-lawyers constitutes the unauthorized practice of law. The Court held: Read More ›
Kesling v. Countrywide Home Loans, Inc., Slip Copy, 2011 WL 227637, (S.D.W.Va. 2011). In this action, plaintiff Gilbert Kesling (“Kesling”) alleges that Countrywide engaged in abusive loan servicing practices and wrongfully foreclosed on his property. In early 2007, Kesling began to fall behind on his loan payments. After the trustee scheduled a foreclosure sale, Kesling initiated this action in the Circuit Court of Kanawha County. Defendants removed, invoking the court's diversity jurisdiction. Kesling asserted, inter alia, a Count against defendants for breach of the duty of good faith and fair dealing. Countrywide moved for summary judgment, including the count asserting that defendants breach of the duty of good faith and fair dealing. Read More ›
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William T. Repasky practices with the Litigation Department at Frost Brown Todd. He focuses on lending and commercial services; banking litigation and financial institutions.