Archives: Lender Liability

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Foreclosures in North Carolina – Say Goodbye to Discovery and Res Judicata

Late December is a time of family, mistletoe and “presents under the tree.” It’s not usually the time when minds switch to the specifics of foreclosure procedure. Yet just before they retired for their Christmas break, the justices of the North Carolina Supreme Court dropped off a December 21, 2016 holiday present called In re … Continue Reading

No Cause of Action in North Carolina for Negligent Underwriting of a Real Estate Loan

Today, the North Carolina Court of Appeals issued an opinion holding that no cause of action exists against a lender for negligent underwriting of a real estate loan.  Fazzari v. Infinity Partners, LLC, COA13-1303 (N.C. Ct. App. Aug. 5, 2014).  The decision affirms and strengthens the doctrine that lenders do not generally owe fiduciary duties … Continue Reading