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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 company’s motion to compel arbitration, finding that the plaintiffs’ 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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