Richard Castle v. Capital One, National Associat

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-01830-WMN. Copies to all parties and the district court/agency. [999526547]. [14-1141]

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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.

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Martin
C.
Bryce,
Jr.,
BALLARD
Pennsylvania, for Appellee.

SPAHR

LLP,

Philadelphia,

Unpublished opinions are not binding precedent in this circuit.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.
alleged,

inter

alia,

mortgage

lender,

that

purchased

defendant
excessive

Capital
and

One,

Castle

N.A.,

otherwise

as

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

counsel, we are content to affirm the judgment.

arguments

of

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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