Tribeca Lending Corp. v. McCormick

Respondent refinanced the mortgage on his home with a loan he obtained from Petitioner. Because Respondent failed to make his monthly loan payments in accordance with the parties' agreement, Petitioner invoked its right to initiate a foreclosure sale of the house. After the foreclosure sale, the property was sold to Petitioner. Because Respondent refused to vacate the house, Petitioner filed an unlawful detainer action. In response, Respondent asserted various counterclaims against Petitioner alleging violations of the West Virginia Consumer Credit and Protection Act. The circuit court conditionally granted Petitioner's motion to dismiss Respondent's counterclaims and additionally certified two questions for the Supreme Court's consideration regarding whether Respondent timely asserted his counterclaims. The Supreme Court concluded that the counterclaims were not timely. View "Tribeca Lending Corp. v. McCormick" on Justia Law