Bumpers v. Community Bank of Northern Virginia When defendant charged plaintiffs for something it did not provide - a discount on the loan rate - defendant committed an unfair trade practice.
We affirm summary judgment for plaintiffs on their unfair trade practices claim based on the loan discount fee. We reverse summary judgment for plaintiffs as to the issue of excessive closing fees. On remand, the trial court may consider the question of class certification.
Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. The plaintiff-borrowers claim the defendant-bank breached its duty to them by failing to disclose that the developer controlled the loan process, including the selection of an appraiser; however, the bank did not owe the borrowers a duty to disclose any details of the loan process not required to be disclosed under state or federal law or under the terms of the loan agreements.
The bank's motion to dismiss is granted.
In re Hall. (Lawyers Weekly No. 11-07-0270, 16 pp.) (J. Douglas McCullough, J.) Appealed from Dare County Superior Court. (J. Carlton Cole, J.) N.C. App. Click here for the full text of the opinion.
Holding: Where the debtor executed a hypothecation agreement authorizing a third party to secure her property for any present or future indebtedness, [...]
Harris v. Wachovia Corp. (Lawyers Weekly No. 11-15-0254, 29 pp.) (John Jolly, J.) N.C. Bus. Ct. Click here for the full text of the opinion.
Holding: In an issue of first impression, the court rules that an officer of a corporation who has a personal relationship has no special duty to that shareholder; shareholders cannot claim [...]
Browne v. Thompson. (Lawyers Weekly No. 11-15-0255, 21 pp.) (John Jolly, J.) N.C. Bus. Ct. Click here for the full text of the opinion.
Holding: In a case in which a bank purchased a mortgage company associated with risky loans, shareholders of the bank cannot claim that the action caused them to lose money because the [...]
Johnson v. BAC Home Loans Servicing. (Lawyers Weekly No. 11-02-0098, 12 pp.) (James C. Fox, J.) E.D.N.C.
Holding: A plaintiff proceeding pro se should be given more latitude in correcting defects of process of service. When an amended complaint of a pro se litigant is not futile on its face, defects in an original complaint that [...]
Pender v. Bank of America Corp. (Lawyers Weekly No. 10-04-0849, 17 pp.) (Graham C. Mullen, J.) W.D.N.C.
Holding: Plaintiffs who claim they were wrongfully deprived of benefits under Bank of America’s retirement plans can be certified as a class to proceed because they meet the requirements under the Federal Rules of Civil Procedure.
Facts
The case arises from [...]
Applied Bank v. Power Development LLC. (Lawyers Weekly No. 10-04-0851, 7 pp.) (Martin Reidinger, J.) W.D.N.C.
Holding: Even though the promissory note at issue passed through the hands of the FDIC as receiver of the original lender, plaintiff’s claim on the note does not involve a federal question.
Remanded to state court.
Facts
Defendants removed this action from state [...]
Albert v. Cowart. (Lawyers Weekly No. 09-07-0868, 13 pp.) (Wanda G. Bryant, J.) Appealed from Henderson County Superior Court. (Mark E. Powell, J.) N.C. App.
Holding: Where the decedent’s signature card said she elected that any joint accounts that she opened with the bank were to have the right of survivorship, the checking account that she [...]
Citibank, South Dakota, N.A. v. Bowen. (Lawyers Weekly No. 08-16-1415, 8 pp.) (Robert Hunter, J.) Appealed from Harnett County District Court. (Jacquelyn L. Lee, J.) N.C. App. Unpub.
Holding: Even though the plaintiff-bank does not have a place of business in this state, nor is it registered with our Secretary of State, under the National Bank [...]
