|4th Circuit Rejects Arb in Mortgage Contract: Brantley
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|Author:||admin [ Tue Mar 06, 2007 5:10 am ]|
|Post subject:||4th Circuit Rejects Arb in Mortgage Contract: Brantley|
The Fourth Circuit has held that a mortgage insurance company could not enforce an arbitration agreement contained in the mortgage contract. Brantley v. Republic Mortgage Insurance Co., No. 05-1047, 2005 WestLaw 2382214 (4th Cir. Sept. 28, 2005). The court rejected the MI companyâ€™s motion to compel arbitration, finding that the plaintiffsâ€™ Fair Credit Reporting Act claims were "wholly separate" from the mortgage contract, and that the MI company was not a third-party beneficiary of the arbitration agreement.
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