HERROD v. FIRST REPUBLIC MORTG. CORP., INC.

No. 32611.

625 S.E.2d 373 (2005)

218 W.Va. 611

Rita K. HERROD and Jennifer A. Herrod, Plaintiffs Below, Appellants, v. FIRST REPUBLIC MORTGAGE CORPORATION, INC., dba First Security Mortgage Corporation, A Corporation; Washtenaw Mortgage Company, A Corporation; Chase Manhattan Mortgage Corporation, A Corporation; Earl Young; Craddocks Last Stand, Inc., A Corporation; Darleen Westfall; West Virginia Real Estate Appraiser Licensing and Certification Board; and Federal National Mortgage Association, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2005.

Concurring and Dissenting Opinion Justice Davis December 7, 2005.

Concurring Opinion of Justice Starcher December 16, 2005.


Attorney(s) appearing for the Case

Bren J. Pomponio, Daniel F. Hedges, Mountain State Justice, Inc., Charleston, for the Appellants.

R. Terrance Rodgers, Nicholas P. Mooney, Pamela C. Deem, Allen, Guthrie, McHugh & Thomas, Charleston, for the Appellee, Washtenaw Mortgage Company.


ALBRIGHT, Chief Justice:

Appellants Rita Herrod and Jennifer Herrod (collectively referred to as the "Herrods") seek relief from an adverse summary judgment ruling issued by the Circuit Court of Kanawha County in connection with an illegal and predatory lending practices action they filed against Appellee Washtenaw Mortgage Co. ("Washtenaw").1 Upon our full review of the record before us and consideration of the arguments of counsel, we...

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