Banks And Banking

Feb 20, 2025

Banks & Banking – Servicemembers Civil Relief Act – Military Lending Act

The district court must compel arbitration on all claims except those brought under the Military Lending Act (MLA), determine whether the MLA applies to plaintiffs’ credit card accounts, and if […]

Jan 9, 2025

Banks & Banking – Deeds of Trust – Loan Modification

Pursuant to N.C.G.S. § 47-20, a senior deed of trust does not lose its priority to a junior deed of trust when the senior deed of trust is modified via […]

Jan 6, 2025

Banks & Banking – Settlement Approval Order – Assignment Agreement

The Court found no clear error or manifest injustice in its prior ruling at paragraph 12 of the JDPW Receivership Order and that Defendant’s recycled arguments to the contrary continue […]

Dec 31, 2024

Banks & Banking – Foreclosure Sale – Power of Sale

The foreclosure of the subject Property is proper. The Guilford Clerk’s Order denying foreclosure is reversed, and the Substitute Trustee is authorized to sell the Property in accordance with the […]

Dec 14, 2022

Banks & Banking – Loan Negotiations – Capital Gains Deferral Period – Duty to Negotiate in Good Faith

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. […]

May 13, 2021

Banks & Banking – Contract – Overdraft Fees – ‘Presentation’ – Unfair Trade Practices Claim

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 […]

May 28, 2020

Banking – ‘Branch’ must handle mortgage business to trigger meeting rule

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 […]

Jun 26, 2018

Banks & Banking – Suspicious Transactions – Elderly Customer – UCC – Tort/Negligence

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 […]

Dec 6, 2016

Banks & Banking – Real Property – Development Loan – FDIC Receivership – Repudiation – Affirmative Defense – Recoupment – First Impression

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.) […]

May 25, 2016