Tribeca Lending Corp. v. James E. McCormick, 745 S.E.2d 493

Tribeca Lending Corp. obtained ownership of a Saint Albans home via foreclosure and purchased the property at a December 2007 sale.
Tribeca filed an unlawful detainer action in 2008 after it acquired title, seeking possession from McCormick who remained in the home.
McCormick asserted counterclaims under the West Virginia Consumer Credit and Protection Act alleging unconscionable loan, fraud, fraudulent appraisal, and unlawful debt collection.
The circuit court dismissed Tribeca’s unlawful detainer action in 2009 for inactivity and certified two questions to this Court on timeliness of the counterclaims.
Tribeca’s later unlawful detainer action in 2011 prompted McCormick to renew counterclaims; the circuit court again considered timeliness and the questions.
This Court answered the two certified questions concerning (1) whether WV Code 38-1-4a applies to counterclaims challenging the loan’s enforceability and (2) when the WVCCPA statute of limitations begins for counterclaims in this posture.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does WV Code 38-1-4a apply to counterclaims challenging the loan in response to unlawful detainer?	Tribeca: yes, one-year limit applies to trustee’s sale challenges.	McCormick: no, only procedural sale challenges are barred.	No; 38-1-4a applies only to procedural challenges to a trustee’s sale.
When does the WVCCPA limitation period begin for counterclaims against an unlawful detainer action?	Tribeca: accrues on acceleration; claims untimely since accelerated in 2007.	McCormick: §46A-5-102 allows counterclaims at any time; questions framing aside, focus on timing.	The one-year period begins when the accelerated payment is due; but §46A-5-102 allows counterclaims without regard to limitations when asserted against a consumer defendant in this posture.

Chrysler Credit Corp. v. Copley, 189 W.Va. 90, 428 S.E.2d 313 (1993) (counterclaims may be asserted without regard to limitations when sued for balance due on a consumer transaction)
Delebreau v. Bayview Loan Servicing, LLC, 680 F.3d 412 (4th Cir. 2012) (affirmed district court decision in Delebreau)
West Virginia Health Care Cost Review Authority v. Boone Memorial Hosp., 196 W.Va. 326, 472 S.E.2d 411 (1996) (plain-language statutory interpretation governs)
Smith v. State Workmen's Comp. Comm'r, 159 W.Va. 108, 219 S.E.2d 361 (1975) (statutory interpretation—plain meaning governs)
Appalachian Power Co. v. State Tax Dept. of West Virginia, 195 W.Va. 573, 466 S.E.2d 424 (1995) (statutory construction—language controls)
Chrysler Credit Corp. v. Copley, 189 W.Va. 90, 428 S.E.2d 313 (1993) (reiterated governing principle for counterclaims against consumer actions)