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Bishop v. Quicken Loans, Inc.

United States District Court for the Southern District of West Virginia
2011 WL 1321360 (2011)


Facts

William and Juanita Bishop (plaintiffs) purchased a home in West Virginia for $60,000. The Bishops refinanced their home three times with Quicken Loans, Inc. (Quicken) (defendant). The first time, an independent appraiser reported the home’s fair market value (FMV) as $112,500. The second time, Quicken arranged for the Bishops’ property to be appraised by a sister corporation, which found that the FMV of the home was $153,000. Based on this appraisal, Quicken approved the Bishops’ refinance application. The third time, the same appraiser performed another appraisal, which reported the home’s FMV as $153,000. Quicken again approved the Bishops for a loan. The Bishops then attempted to refinance their home a fourth time. However, the appraiser determined that the property’s FMV was only $137,000 this time. Quicken consequently denied the Bishops’ refinance application. During their dealings with Quicken, the Bishops never saw any of the appraisals or knew the appraised value of their property. The Bishops filed suit against Quicken in state trial court, alleging that the third loan was unconscionable, that the loans illegally exceeded their home’s FMV, and that Quicken committed fraud by selecting an appraiser from a sister corporation. The matter was removed to federal district court based on diversity of jurisdiction. Quicken moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Copenhaver, J.)

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