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Civil Practice – Motion to Set Aside Judgment – Confession of Judgment – Settlement Agreement – Defense to Underlying Claim
Teresa Bruno, Opinions Editor//February 28, 2018//
Civil Practice – Motion to Set Aside Judgment – Confession of Judgment – Settlement Agreement – Defense to Underlying Claim
Teresa Bruno, Opinions Editor//February 28, 2018//
Holding: Our Supreme Court has held that a litigant may waive the affirmative defense that a bank unlawfully required a wife to guarantee her husband’s loan. Therefore, the existence of this allegedly meritorious defense is not a basis to set aside the trial court’s judgment, which was entered in accordance with a confession of judgment that the defendant-wife executed as part of a settlement agreement after her husband defaulted on his loan payments.
We affirm the trial court’s denial of the wife’s motion to set aside the judgment.
Branch Banking & Trust Co. v. Surane (Lawyers Weekly No. 012-014-18, 6 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (Robert Sumner, J.) Ashley Rusher & M. Rachael Dimont for plaintiff; James Surane for defendant. N.C. App. Unpub.
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