The current good economy (going on almost 10 years now) has meant that North Carolina appellate decisions affecting lenders trying to collect defaulted debt have been few and far between in the last couple of years. The North...more
3/29/2019
/ Appeals ,
Collateral Estoppel ,
Default ,
Fannie Mae ,
Foreclosure ,
Mortgage Lenders ,
Non-Judicial Foreclosures ,
Primary Residence ,
Reversal ,
Reverse Mortgages ,
Summary Judgment ,
Wells Fargo
When a lienholder starts a foreclosure, it usually is focused on getting money into its pocket. Yet a recent opinion from the North Carolina Court of Appeals (In re: Ackah – Sept. 5, 2017) should provide a warning to all...more
Defaulting borrowers sure do keep trying hard to get foreclosures kicked out on any procedural grounds possible. In our last go around, dear readers, you’ll recall the North Carolina Court of Appeals weighed in on the NC...more
Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of...more
Beware!! The story brought to us today courtesy of the Second Circuit Court of Appeals (In re: Motor Liquidation Co., 13-2187) is one that should strike fear into the hearts of all bankers and lawyers. It is a cautionary tale...more
1/23/2015
/ Appeals ,
Banks ,
Collateral ,
Commercial Bankruptcy ,
Financing ,
General Motors ,
JPMorgan Chase ,
Secured Debt ,
Termination Statements ,
UCC Financing Statements ,
Uniform Commercial Code (UCC)
North Carolina Court of Appeals – No Causes of Action against Financial Institutions for Aiding and Abetting Breach of Fiduciary Duty or Bank Secrecy Act Violations -
While many bank employees were counting down to...more