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Banks & Banking – Contract Novation – Promissory Notes – Note Holder – Civil Practice – Law of the Case – Rule 12 Motion – Referenced Documents
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. […]
Banks & Banking – ECOA Rights – Wife’s Waiver – Loan Modification – Ussery – Reconsideration
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 […]
Banks & Banking – Bank Officers Face Negligence Claims
FDIC v. Rippy (Lawyers Weekly No. 001-149-15, 30 pp.) (Gregory, J.) No. 14-2078, Aug. 18, 2015; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: In this suit alleging that […]
Banks & Banking — Overdraft Fees – Debit Posting Order – Contract
Gay v. Peoples Bank (Lawyers Weekly No. 15-15-0641, 21 pp.) (Louise Bledsoe III, J.) 2015 NCBCD 59 Holding: An addendum to the defendant-bank’s checking account agreement clearly indicated that the […]
Banks & Banking — Real Property – Mortgages – Certificate of Satisfaction – Unauthorized – Attorney’s Fees
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 […]
Banks & Banking — Civil Rights – ECOA – Guaranty – Forbearance Contract
RL Regi North Carolina, LLC v. Lighthouse Cove, LLC (Lawyers Weekly No. 14-16-1091, 12 pp.) (Chris Dillon, J.) Appealed from New Hanover County Superior Court (Allen Baddour & Jay Hockenbury, […]
Banks & Banking-Tort/Negligence – Unwise Loans – Business Judgment Rule – Hindsight
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 […]
Banks & Banking – Promissory Notes – Guarantors – ECOA – Statute of Limitations – Tort/Negligence – Fraud
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, […]
Banks & Banking – Promissory Note – Personal Guaranty – Deed of Trust – Settlement Agreement – Equal Credit Opportunity Act – Nondisclosure – Duress – Consideration
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. […]
Banks & Banking – RESPA – Damages – Civil Practice – Personal Jurisdiction – Remand
Falchook v. BAC Home Loans Servicing, L.P. (Lawyers Weekly No. 14-02-0258, 10 pp.) (James Fox, Sr.J.) 5:13-cv-00170; E.D.N.C. Holding: Where plaintiffs failed to allege any damages flowing from defendants’ purported […]
Banks & Banking – Insurance – Civil Practice – Extrinsic Evidence – Third-Party Misrepresentations
Bank of America, N.A. v. Old Republic Insurance Co. (Lawyers Weekly No. 14-04-0228, 10 pp.) (Graham Mullen, J.) 3:10-cv-00553; W.D.N.C. Holding: Where defendant insured the plaintiff-bank against borrower default on […]
Banks & Banking – FDCPA – Real Property – Mortgages – Foreclosure Proceedings
Kasaua v. Bank of America, N.A. As a mortgage servicer, defendant is not a debt collector and is exempt from liability under the Fair Debt Collection Practices Act. In addition, plaintiffs’ allegations concerning “trial plan payments” [...]
Legal Tech
- How ransomware tactics against law firms are changing
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
Top Legal News
- Legally Speaking: How communication failures turn disputes into lawsuits
- AG Jackson refuses to sign Duke Energy rate settlement
- Fraud counterclaims fail in dispute over company restructuring
- Judges’ pick for Seattle’s federal prosecutor sues Trump after ouster
- US judge approves Anthropic’s $1.5 billion settlement of copyright lawsuit
- The legal confusion surrounding e-bikes
- Two Charlotte women file federal claims against immigration agents after Operation Charlotte’s Web arrests
Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
