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Home / Opinion Digests / Attorneys / Attorneys – Discipline – Disbarment – Constitutional – Due Process – Complaint Allegations – Different Evidence – Real Property – Closing Document (access required)

Attorneys – Discipline – Disbarment – Constitutional – Due Process – Complaint Allegations – Different Evidence – Real Property – Closing Document (access required)

North Carolina State Bar v. Barrett The complaint alleged a single false representation by the defendant-attorney in violation of the Rules of Professional Conduct: the entry of a $7,400 loan from the seller to the buyer as a “down payment” on a HUD-1 statement, which defendant contended was approved by the lender’s loan officer Paul Johnson. However, at the hearing, the State Bar presented evidence of different alleged acts of fraud and additional alleged misrepresentations: that defendant had produced and submitted to the lender a different HUD-1 statement, which contained different financial information and included a forged signature purporting to be the seller’s. The failure to give defendant notice of the misconduct with which she was charged violated her right to due process.

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