U.S. National Bank Association v. Pinkney (Lawyers Weekly No. 012-117-16, 12 pp.) (J. Douglas McCullough, J.) Appealed from Forsyth County Superior Court (Patrice A. Hinnant, J.) N.C. App. Unpub. Holding: Plaintiff creditor brought this action against defendant debtors seeking sale ...Read More »
Gay v. Peoples Bank (Lawyers Weekly No. 012-106-16, 21 pp.) (Lucy Inman, J.) Appealed from Lincoln County Superior Court (Louis Bledsoe III & Calvin Murphy, JJ.) N.C. App. Unpub. Holding: Where the defendant-bank’s account agreement documents said the bank would ...Read More »
Banks & Banking – Contract Novation – Promissory Notes – Note Holder – Civil Practice – Law of the Case – Rule 12 Motion – Referenced Documents
Bank of America, N.A. v. Rice (Lawyers Weekly No. 15-07-1125, 25 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Richard Boner & W. Robert Bell, JJ.) N.C. App. Holding: In a pre-discovery appeal concerning defendant’s demand for arbitration, ...
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RREF BB Acquisitions, LLC v. MAS Properties, LLC (Lawyers Weekly No. 15-15-1115, 9 pp.) (Gregory McGuire, J.) 2015 NCBC 105 Holding: Although 12 C.F.R. § 202.2(q) defines an “extension of credit” under the Equal Credit Opportunity Act (ECOA) to include ...Read More »
FDIC v. Rippy (Lawyers Weekly No. 001-149-15, 30 pp.) (Gregory, J.) No. 14-2078, Aug. 18, 2015; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: In this suit alleging that plaintiff Federal Deposit Insurance Corporation, as receiver, suffered $216 million ...
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Gay v. Peoples Bank (Lawyers Weekly No. 15-15-0641, 21 pp.) (Louise Bledsoe III, J.) 2015 NCBCD 59 Holding: An addendum to the defendant-bank’s checking account agreement clearly indicated that the bank would pay the largest debit item first each day, ...Read More »
Banks & Banking — Real Property – Mortgages – Certificate of Satisfaction – Unauthorized – Attorney’s Fees
In re Dispute over $375,757.47 (Lawyers Weekly No. 15-07-0349, 20 pp.) (John Tyson, J.) Appealed from Buncombe County Superior Court (Gary Gavenus, J.) N.C. App. Holding: Since Mountain 1st Bank had already assigned the borrowers’ promissory note and deed of ...Read More »
Federal Deposit Insurance Corp. v. Willetts (Lawyers Weekly No. 14-02-0912, 13 pp.) (Terrence Boyle, J.) 7:11-cv-000165; E.D.N.C. Holding: In this case there is no evidence that the defendant-bank officers and directors engaged in self-dealing or other unconscionable conduct; furthermore, plaintiff ...
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