Quantcast
Home / Opinion Digest / Banks And Banking

Banks And Banking

Feed Subscription

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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

Read More »

Banks & Banking – Fraudulent Transfer Claim – Gift Recipient – Indemnity – ECOA Defense – Unjust Enrichment (access required)

Wells Fargo, N.A. v. Triplett The plaintiff-bank alleges that, while Peggy Triplett and her husband owed the bank between two and four million dollars, Mrs. Triplett fraudulently transferred $8 million to the Peggy Ann Triplett Foundation. With respect to the bank’s fraudulent transfer claim, the Foundation is not entitled to indemnity or contribution from Mrs. Triplett’s estate or her trust.

Read More »
Scroll To Top