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Banks & Banking — Real Property – Mortgages – Certificate of Satisfaction – Unauthorized – Attorney’s Fees (access required)

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 ...

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Banks & Banking-Tort/Negligence – Unwise Loans – Business Judgment Rule – Hindsight (access required)

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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Banks & Banking – Promissory Notes – Guarantors – ECOA – Statute of Limitations – Tort/Negligence – Fraud (access required)

PNC Bank, N.A. v. Welsh Realty, LLC (Lawyers Weekly No. 14-02-0878, 6 pp.) (Terrence Boyle, J.) 5:13-cv-00203; E.D.N.C. Holding: Where the loans at issue were made in 2006 and 2008, the defendant-guarantors’ counterclaims under the Equal Credit Opportunity Act are ...

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Banks & Banking – Promissory Note – Personal Guaranty – Deed of Trust – Settlement Agreement – Equal Credit Opportunity Act – Nondisclosure – Duress – Consideration (access required)

Rabun Cnty. Bank v. Highlands Land Holding Grp., LLC (Lawyers Weekly No. 14-16-0267, 11 pp.) (Ann Marie Calabria, J.) Appealed from Jackson County Superior Court (J. Thomas Davis, J.) N.C. App. Unpub. Holding: An individual defendant’s execution of a guaranty ...

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Banks & Banking – FDCPA – Real Property – Mortgages – Foreclosure Proceedings (access required)

Kasaua v. Bank of America, N.A. As a mortgage servicer, defendant is not a debt collector and is exempt from liability under the Fair Debt Collection Practices Act. In addition, plaintiffs’ allegations concerning “trial plan payments” for a supposed mortgage modification relate to conduct occurring in November 2009

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