DeBerry, Lillie May v. First Govt Mtge ( 2000 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued December 11, 1998 Decided August 1, 2000
No. 97-7211
Lillie May DeBerry,
Appellant
v.
First Government Mortgage and Investors Corporation,
Appellee
Appeal from the United States District Court
for the District of Columbia
(No. 96cv00708)
Mark L. Hessel argued the cause for appellant. With him
on the briefs was Mark L. Leemon.
Nathan I. Finkelstein argued the cause for appellee. With
him on the brief was Laurie B. Horvitz.
Before: Wald,* Tatel and Garland, Circuit Judges.
Opinion for the Court filed Per Curiam.
__________
* Former Circuit Judge Wald was a member of the panel at the
time of oral argument, but did not participate in this decision.
Per Curiam: The facts of this case are set out fully in
DeBerry v. First Gov't Mortgage & Investors Corp., 170 F.3d
1105 (D.C. Cir. 1999). As relevant here, appellant Lillie May
DeBerry brought an action alleging that appellee First Gov-
ernment had violated the District of Columbia Consumer
Protection Procedures Act, D.C. Code s 28-3904(r), by fi-
nancing and refinancing her home with four mortgage loans
containing unconscionable terms and conditions. The district
court dismissed DeBerry's claims relating to loans made in
1991 and 1992, finding them barred by the statute of limita-
tions. The district court also granted summary judgment to
appellee First Government with respect to DeBerry's other
CPPA claims solely on the ground that the CPPA does not
apply to real estate mortgage finance transactions.
In DeBerry, this court certified to the District of Columbia
Court of Appeals the question whether D.C. Code
s 28-3904(r) applies to real estate mortgage finance transac-
tions. See id. at 1110. This court also held that assuming
the CPPA does apply to such transactions, the district court
erred in dismissing DeBerry's claims relating to the 1991 and
1992 loans before discovery could be conducted. See id. at
1110-11.
On December 30, 1999, the D.C. Court of Appeals answered
the certified question, holding that section 28-3904(r) of the
CPPA does apply to real estate mortgage finance transac-
tions. DeBerry v. First Gov't Mortgage & Investors Corp.,
743 A.2d 699, 703 (D.C. 1999), reh'g en banc denied (May 16,
2000). Accordingly, DeBerry's CPPA claims relating to loans
made in 1991 and 1992 are reinstated and the district court's
grant of summary judgment to First Government on all of
DeBerry's other CPPA claims is reversed.
So ordered.