Richard Castle v. Capital One, National Association , 593 F. App'x 223 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1141
RICHARD CASTLE, in his capacity as Personal Representative
for the Estate of Jane Mary Castle,
Plaintiff – Appellant,
and
JANE M. CASTLE,
Plaintiff,
v.
CAPITAL ONE, NATIONAL ASSOCIATION,
Defendant – Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:13-cv-01830-WMN)
Argued: January 27, 2015 Decided: February 10, 2015
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: Scott Craig Borison, LEGG LAW FIRM LLC, San Mateo,
California, for Appellant. Robert A. Scott, BALLARD SPAHR LLP,
Baltimore, Maryland, for Appellee. ON BRIEF: Phillip Robinson,
CONSUMER LAW CENTER LLC, Silver Spring, Maryland, for Appellant.
Martin C. Bryce, Jr., BALLARD SPAHR LLP, Philadelphia,
Pennsylvania, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
By this appeal, Richard Castle — as personal representative
for his deceased mother Jane M. Castle — seeks relief from the
dismissal of his complaint in the District of Maryland. Castle
alleged, inter alia, that defendant Capital One, N.A., as
mortgage lender, purchased excessive and otherwise flawed
“force-placed insurance” on his mother’s mortgaged real estate,
in contravention of Maryland consumer fraud statutes. * Castle
maintained that he was entitled to class certification, plus
declaratory, injunctive, and monetary relief. Having carefully
assessed the record and the thoughtful opinion of the district
court, as well as the written submissions and arguments of
counsel, we are content to affirm the judgment. See Castle v.
Capital One, N.A., No. 1:13-cv-01830 (D. Md. Jan. 15, 2014), ECF
No. 17.
AFFIRMED
*
Force-placed insurance — sometimes called “lender-placed”
or “creditor-placed” insurance — is generally described as
homeowner’s insurance placed by a mortgage lender on a mortgaged
residential property when the debtor’s homeowner’s coverage has
lapsed. See Cohen v. Am. Sec. Ins. Co., 735 F.3d 601, 603 (7th
Cir. 2013).
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