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McFARLAND v. WELLS FARGO BANK, N.A.

Civil Action No. 2:12-cv-07997.

19 F.Supp.3d 663 (2014)

Philip McFARLAND, Plaintiff, v. WELLS FARGO BANK, N.A., et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

Signed May 7, 2014.

Attorney(s) appearing for the Case

Daniel F. Hedges , Jennifer S. Wagner , Sarah K. Brown , Mountain State Justice, Inc., Charleston, WV, for Plaintiff.

Jason E. Manning , John C. Lynch , Troutman Sanders , Virginia Beach, VA, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, District Judge.

In West Virginia, lender liability suits have taken a strange turn that threatens to uproot basic principles of contract law. The plaintiffs in these suits, homeowners tied to mortgages, have concocted a novel theory of injury. That theory is as follows: refinancing a home for more than its fair market value is one-sided and overly harsh against the borrower, justifying rescission of a home...

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