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

RREF BB Acquisitions, LLC v. MAS Properties, L.L.C. (Lawyers Weekly No. 15-15-0640, 41 pp.) (Gregory McGuire, J.) 2015 NCBC 58 Holding: Defendants may have a claim for breach of the duty to negotiate in good faith, based on the unique ...

Tagged with: ECOA

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, JJ.) On remand from the N.C. Supreme Court. N.C. App. ...

Tagged with: ECOA

RL Regi North Carolina, LLC v. Lighthouse Cove, LLC (Lawyers Weekly No. 14-06-0815, 8 pp.) (Paul Newby, J.) Appealed from New Hanover County Superior Court (Jay Hockenbury) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Regardless ...

Tagged with: ECOA loan

RL Regi North Carolina, LLC v. Lighthouse Cove, LLC When a bank violates the federal Equal Credit Opportunity Act by requiring a spouse to guaranty a secured loan, the spouse can raise the ECOA violation as an affirmative defense if the bank sues to enforce the guaranty. We affirm judgment for the defendant-wife.

Tagged with: ECOA

  Stonecrest Partners, LLC v. Bank of Hampton Roads. (Lawyers Weekly No. 10-02-0925, 6 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: A violation of the Equal Credit Opportunity Act occurs when a loan applicant’s spouse is required to sign a ...

Tagged with: Banks & Banking Civil Practice Civil Rights ECOA Statute of Limitations