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WALTHER v. SOVEREIGN BANK

No. 61, September Term, 2004.

872 A.2d 735 (2005)

386 Md. 412

David G. WALTHER, et ux. v. SOVEREIGN BANK.

Court of Appeals of Maryland.

April 20, 2005.

Attorney(s) appearing for the Case

E. David Hoskins (the Law Office of E. David Hoskins, L.L.C., Baltimore, MD), on brief, for petitioners.

James W. Bentz (Thomas L. Allen, Roy W. Arnold and John M. McIntyre of Reed, Smith, L.L.P., Pittsburgh, PA; Gerald J. Gaeng and Andrew H. Baida of Rosenberg, Martin, Funk & Greenberg, L.L.P., Baltimore, MD), all on brief, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

CATHELL, Judge.

This case involves the enforceability of an arbitration agreement entered into as part of a second mortgage loan contract between David and Tamera Walther, petitioners, and Sovereign Bank, the assignee of the loan contract and respondent in the case at bar.

Petitioners present two questions for our review, which we rephrase for the sake of clarity as follows:

I. Is an arbitration clause contained in a "Direct Loan Note & Truth...

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