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Don’t Forget About Those Aging Judgments!

Has it really been 8 years since the Great Recession? It doesn’t seem all that long ago when the world economy faced the worst recession in a generation. Bankruptcy filings shot up and it seemed as if no borrower could pay back any loan, particularly those real estate development loans that only a few years … Continue Reading

North Carolina Supreme Court Confirms That Lenders Do Not Owe Fiduciary Duties To Borrowers

On Friday, December 18, 2015, the North Carolina Supreme Court issued an opinion affirming the dismissal of a lender, and its appraiser, from a lawsuit alleging breach of fiduciary duty, fraud, violation of North Carolina’s Mortgage Lending Act, and other causes of action. Arnesen, et al. v. Rivers Edge Golf Club & Plantation, Inc., et … Continue Reading

Tough News for Lenders – Major NC Supreme Court Decision on Collection of Post-Foreclosure Deficiencies

Fall is football time. And as every football fan knows, not every player on the line of scrimmage is an eligible receiver. Imagine how dramatically it would change the game if the entire offensive line were eligible to catch forward passes. Well, on Friday (9/25/15), the NC Supreme Court made a change which is every … Continue Reading

NC Appeals Court Gives Big Win to Financial Institutions

While many bank employees were counting down to their New Year’s Eve celebrations, the North Carolina Court of Appeals was busy issuing one more opinion in favor of financial institutions. In the December 31, 2014 opinion of Bottom v. Bailey, (COA14-564), the Court affirmed the dismissal of claims against Morgan Stanley Smith Barney for … Continue Reading