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Banks & Banking – Contract Novation – Promissory Notes – Note Holder – Civil Practice – Law of the Case – Rule 12 Motion – Referenced Documents (access required)

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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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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