North Carolina Lawyers Weekly

Where the parties had no binding loan agreement, the defendant-bank is not liable for failing to tell the plaintiff-borrower how much of an equity injection would result in loan approval. The court declines to address whether a claim for breach ...

Tagged with: Banks & Banking

When a customer makes a debit-card purchase, the merchant first presents the transaction to the defendant-credit union for authorization and then later, sometimes days later, presents the transaction to the credit union for payment. The credit union’s challenged practice, which ...

Where there is a “branch office” within 200 miles of the borrower’s home, federal regulations require a bank to conduct a face-to-face meeting before initiating foreclosure proceedings. However, that obligation is only triggered where the “branch office” conducts some business ...

Even if an elderly customer shows signs of mental incompetence, a bank cannot disobey her instructions unless it has knowledge of an adjudication of incompetence. We affirm the trial court’s grant of the defendant-bank’s motion to dismiss. As the guardian ...

Tagged with: UCC

Settlers Edge Holding Co. v. RES-NC Settlers Edge, LLC (Lawyers Weekly No. 011-397-16, 28 pp.) (Donna Stroud, J.) Appealed from Yancey County Superior Court (Mark Powell & Marvin Pope, JJ.) N.C. App. Holding: After the plaintiff-developers’ original lender went into ...

Tagged with: Real Property

U.S. National Bank Association v. Pinkney (Lawyers Weekly No. 012-117-16, 12 pp.) (J. Douglas McCullough, J.) Appealed from Forsyth County Superior Court (Patrice A. Hinnant, J.) N.C. App. Unpub. Holding:  Plaintiff creditor brought this action against defendant debtors seeking sale ...

Tagged with: 'credit' creditor

Gay v. Peoples Bank (Lawyers Weekly No. 012-106-16, 21 pp.) (Lucy Inman, J.) Appealed from Lincoln County Superior Court (Louis Bledsoe III & Calvin Murphy, JJ.) N.C. App. Unpub. Holding: Where the defendant-bank’s account agreement documents said the bank would ...

Tagged with: Contract debit Overdraft

Trapp v. SunTrust Bank (Lawyers Weekly No. 003-009-16, 9 pp.) (Catherine Eagles, J.) 1:15-cv-00937; M.D.N.C. Holding: Plaintiff alleges defendant-bank told her over the phone that the loan she and her husband had applied for was denied because of a fraud ...

Tagged with: ECOA

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, ...

Tagged with: Bank of America

RREF BB Acquisitions, LLC v. MAS Properties, LLC (Lawyers Weekly No. 15-15-1115, 9 pp.) (Gregory McGuire, J.) 2015 NCBC 105 Holding: Although 12 C.F.R. § 202.2(q) defines an “extension of credit” under the Equal Credit Opportunity Act (ECOA) to include ...