A recent West Virginia Supreme Court decision allows claimants' attorneys to "sue a defunct mortgage lender, obtain default judgment and present the judgment to a surety for satisfaction" without naming the surety as a party to the suit or proving the case, according to one of two dissenting justices. The ruling "will undoubtedly increase the risk of writing such bonds in West Virginia and make it harder for honest, legitimate lenders to obtain the bonds," Justice Brent Benjamin wrote in his dissent.

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