U.S. v. Ritchie (Lawyers Weekly No. 001-119-17, 35 pp.) (Diaz, J.) No. 16-4036, May 30, 2017; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A defendant convicted of making a false statement in 2005 on a HUD-1 form about ...

Tagged with: loan

Online lender Western Sky has agreed to pay more than $9 million to settle a lawsuit alleging that it ripped off borrowers throughout North Carolina. The settlement money will be used to provide refunds to borrowers who were allegedly charged ...

Tagged with: loan

Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 003-010-16, 23 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Documents from online loans, which were created by entities of questionable credibility, produced second- or third-hand, and purportedly authenticated by witnesses who ...

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The North Carolina Court of Appeals has taken a different tack in a recent holding that a guarantor may be entitled to a statutory defense in a deficiency action that previous opinions had held was available only to those with ...

Tagged with: Default loan N.C.Court of Appeals

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

In re Foreclosure of Harty (Lawyers Weekly No. 14-16-0698, 20 pp.) (Sanford Steelman Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Unpub. Holding: In violation of the respondent-borrowers’ forbearance agreement with the petitioner-lender, respondents ...

Tagged with: foreclosure loan mortgage

Johnson v. North Carolina Department of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time. A bailment was thus created, and plaintiffs are entitled to have the documents returned to them.

Tagged with: Civil Practice Contract Laches loan Statute of Limitations

A proposed class action that Travis Bumpers brought against Community Bank of Northern Virginia in 2001 involving a fake loan discount rate has been given new life by the N.C. Court of Appeals. In a Sept. 6 opinion, the court upheld Wake County Superior Court Judge John B. Lewis’ 2008 summary judgment in Bumpers’ favor on his unfair and deceptive trade practices claim. The court sent the case back to Wake County to consider whether the case is appropriate for class action certification. Another plaintiff, Troy Elliot, dropped out of the Bumpers lawsuit because he is a member of a separate class action suit against Community Bank in federal court in Pennsylvania. Bumpers opted out of that class action.

Tagged with: loan