4th Circuit: Home Defects Details Don’t Trigger Arbitration Of Mortgage Claims

Mealey's (August 24, 2022, 3:38 PM EDT) -- RICHMOND, Va. — Mobile homeowners’ inclusion of details related to already settled construction defects claims in an amended complaint against the seller, lender and home insurance provider arising out of the mortgage loan for their home does not trigger the arbitration agreement the homeowners signed at the time of purchase as the information was necessary to add context to those claims, a Fourth Circuit U.S. Court of Appeals panel ruled Aug. 19, affirming a trial court’s denial of a motion to stay and compel arbitration....