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DWOSKIN v. BANK OF AMERICA, N.A.

No. 17-1356.

888 F.3d 117 (2018)

Matthew DWOSKIN; Randi Dwoskin; Jennifer Decker; Teresa Butler; Linda Campbell; Linda Cuadra; Alfred Figley; Kelly Dills; Stefani Dills; Michael Walsh; Jennifer Walsh; Phillip Wertheimer; Joann Woods; Shawn Woods; Kerrie Zipprich, Plaintiffs-Appellants, Sean Decker, Intervenor/Plaintiff-Appellant, v. BANK OF AMERICA, N.A. Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2018.

Attorney(s) appearing for the Case

ARGUED: James C. White , Parry Tyndall White, Chapel Hill, North Carolina, for Appellants. Bradley R. Kutrow , McGuirewoods LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Dhamian Blue , Blue LLP, Raleigh, North Carolina; Richard D. Heideman , Noel J. Nudelman , Tracy Reichman Kalik , Heideman Nudelman & Kalik P.C., Washington, D.C.; Richard S. Wayne , Strauss & Troy, LPA, Cincinnati, Ohio; Leonard B. Simon , Law Offices of Leonard B. Simon, P.C., San Diego, California, for Appellants. Brian P. Troutman , Wm. Grayson Lambert , Charlotte, North Carolina, Brian D. Schmalzbach , McGuirewoods LLP, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and Judge King joined.

Plaintiffs brought suit against the defendant Bank of America under the Homeowners Protection Act. They claimed that the bank failed to make certain required disclosures in connection with their residential mortgage loans. The statute is clear, however, that these mortgage insurance disclosures are mandated only if lender...

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