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JOHNSON v. WASHINGTON

No. 08-1421.

559 F.3d 238 (2009)

Marion D. JOHNSON; Vivian Y. Johnson, Plaintiffs-Appellants, v. Jason C. WASHINGTON; D and D Home Loans Corporation; Warren Mike Robinson, individually, Defendants-Appellees, and BNC Mortgage, Incorporated, f/k/a Finance America; Samuel I. White, P.C., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 24, 2009.

Attorney(s) appearing for the Case

ARGUED: Daniel Paul Mosteller, Center for Responsible Lending, Washington, D.C., for Appellants. Jason E. Manning, Troutman & Sanders, L.L.P., Virginia Beach, Virginia; Paul R. Schmidt, Huff, Poole & Mahoney, P.C., Virginia Beach, Virginia, for Appellees. ON BRIEF: Melissa Briggs, Center for Responsible Lending, Washington, D.C.; Tanya Bullock, Bullock & Cooper, P.C., Virginia Beach, Virginia, for Appellants. Alison R. Zizzo, Huff, Poole & Mahoney, P.C., Virginia Beach, Virginia, for Appellees D & D Home Loans Corporation and Warren Mike Robinson; John Lynch, Troutman & Sanders, L.L.P., Virginia Beach, Virginia, for Appellee Jason C. Washington.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILLIAMS and Senior Judge ALARCON joined.

OPINION

WILKINSON, Circuit Judge:

Marion and Vivian Johnson appeal the district court's grant of summary judgment on their claim that defendants violated various consumer protection laws when purchasing the Johnsons' home. The Johnsons argue that the purported sale of their home actually created an equitable mortgage under Virginia common law, thereby obligating defendants to comply with federal and state lending laws, namely the Truth in Lending Act, 15...

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