Edmondson v. Eagle National Bank, No. 18-1216 (4th Cir. 2019)Annotate this Case
Plaintiffs brought a putative class action alleging that between 2009 and 2014 certain lenders participated in "kickback schemes" prohibited by the Real Estate Settlement Procedures Act (RESPA). The district court dismissed the claims because the first of the five class actions was filed after the expiration of the one year statute of limitations.
The Fourth Circuit reversed and held that, under the allegations set forth in their complaints, plaintiffs were entitled to relief from the limitations period under the fraudulent concealment tolling doctrine. In this case, plaintiffs sufficiently pleaded that the lenders engaged in affirmative acts of concealment and the court could not conclude as a matter of law that these plaintiffs unreasonably failed to discover or investigate the basis of their claims within the limitations period. Accordingly, the court remanded for further proceedings.