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McFARLAND v. WELLS FARGO BANK, N.A.

No. 14-2126.

810 F.3d 273 (2016)

Philip McFARLAND, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; U.S. Bank National Association, Defendants-Appellees, and Chase Title Inc., Defendant. AARP; Center for Responsible Lending; National Association of Consumer Advocates; National Consumer Law Center, Amici Supporting Appellant, The Community Bankers of West Virginia, Incorporated; The West Virginia Bankers Association, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 15, 2016.

Attorney(s) appearing for the Case

ARGUED: Jennifer S. Wagner , Mountain State Justice, Inc., Clarksburg, West Virginia, for Appellant. John Curtis Lynch , Troutman Sanders LLP, Virginia Beach, Virginia, for Appellees. ON BRIEF: Bren J. Pomponio , Mountain State Justice, Inc., Charleston, West Virginia, for Appellant. Jason Manning , Megan Burns , Troutman Sanders LLP, Virginia Beach, Virginia, for Appellees. Jason E. Causey , Bordas & Bordas, PLLC, St. Clairsville, Ohio; Jonathan Marshall , Patricia M. Kipnis , Bailey & Glasser, LLP, Charleston, West Virginia, for Amici The National Consumer Law Center, AARP, The National Association of Consumer Advocates, and The Center for Responsible Lending. Floyd E. Boone, Jr. , Stuart A. McMillan , Sandra M. Murphy , James E. Scott , Bowles Rice LLP, Charleston, West Virginia, for Amici Community Bankers of West Virginia, Inc. and The West Virginia Bankers Association, Inc.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Shedd and Judge Diaz joined.

In 2006, at the height of the housing market, Philip McFarland was informed by a mortgage broker that his home's value had nearly doubled in two years. Acting on that advice, McFarland refinanced his home so that he could pay down other debt. But it soon became apparent that McFarland could not manage the increased...

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