STATE v. WEBSTER

No. 13-0151.

752 S.E.2d 372 (2013)

STATE of West Virginia ex rel. OCWEN LOAN SERVICING, LLC, Petitioner v. The Honorable Carrie WEBSTER, Judge of the Circuit Court of Kanawha County, West Virginia; Robert L. Curry and Tina M. Curry, Individually, and on Behalf of a Similarly Situated Class, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 13, 2013.


Attorney(s) appearing for the Case

Mychal Sommer Schulz , Arie M. Spitz , Dinsmore & Shohl LLP, Charleston, WV, for the Petitioner.

John W. Barrett , Jonathan Marshall , Michael B. Hissam , Bailey & Glasser LLP, Charleston, WV, for the Respondents.


PER CURIAM:

In this proceeding seeking a writ of prohibition, the petitioner, Ocwen Loan Servicing, LLC ("Ocwen"), asks this Court to prevent the circuit court of Kanawha County from enforcing its order that denied Ocwen's "Motion to Compel Individual Arbitration and Dismiss, or Alternatively, Stay Matter." In denying Ocwen's motion, the circuit court first concluded that the arbitration agreement was unenforceable under a provision of the Dodd-Frank Act that proscribes...

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