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TRIBECA LENDING CORP. v. McCORMICK

No. 12-0150.

745 S.E.2d 493 (2013)

TRIBECA LENDING CORPORATION, Petitioner v. James E. McCORMICK, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2013.

Attorney(s) appearing for the Case

Christopher R. Arthur, Esq. , Lora A. Dyer, Esq. , Lesley A. Wheeler-Hoops, Esq. , Samuel I. White, P.C., Charleston, WV, for Petitioner.

Thomas A. Heywood, Esq. , Sandra M. Murphy, Esq. , Stuart A. McMillan, Esq. , Bowles Rice McDavid Graff & Love LLP, Charleston, WV, for Amici Curiae, West Virginia Bankers Association, Inc., and Community Bankers of West Virginia, Inc.

Sara Bird, Esq. , Mountain State Justice, Inc., Clarksburg, WV, Daniel F. Hedges, Esq. , Bren J. Pomponio, Esq. , Mountain State Justice, Inc., Charleston, WV, for Respondent.

KETCHUM, Justice:

The petitioner, Tribeca Lending Corporation ("Tribeca"), received a deed to a house as a result of a foreclosure action. Tribeca filed an unlawful detainer action against the occupant of the house, respondent James E. McCormick, because Mr. McCormick refused to vacate the house. In response, Mr. McCormick asserted various counterclaims against Tribeca alleging violations of the West Virginia Consumer Credit and Protection Act, W.Va.Code &...

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