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Contracts Keyed to Knapp
McFarland v. Wells Fargo Bank, N.A.
Citation:United States Court of Appeals, 810 F.3d 273 (4th Cir. 2016)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 2004, McFarland purchased a house in West Virginia for $110,000. In June 2006, McFarland decided to pursue mortgage refinancing because he wanted to consolidate his $40,000 in student and vehicle debt. McFarland spoke with Greentree whose appraiser informed him that his house was worth $202,000 (however, a retroactive appraisal in 2012 found that the house was only worth $120,000 in June 2006). McFarland then secured a mortgage with Wells Fargo for $181,800 and an home equity line of credit for $20,000. In 2007, McFarland began to fall behind on payments and contacted Wells Fargo for assistance. In May 2010, McFarland and Wells Fargo entered into a loan modification increasing the principal amount, but reducing the interest rate and extending the loan’s term. McFarland remained unable to make payments and Wells Fargo initiated a foreclosure.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.