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By Ed Boltz, 20 May, 2021

N.C. S.Ct.: In re George- Insufficient Service for Non-Judicial Foreclosure

Summary:

Calmore & Hygiena George, residents of St. Croix in the U.S. Virgin Islands, purchased a townhome in Charlotte for their four daughters, all of whom were attending college there. There were no mortgages or liens against the property. Ms. George would typically visit for a month during the summer and both during Christmas.

By Ed Boltz, 10 May, 2021

Law Review: Simon, Lindsey, Bankruptcy Grifters (April 1, 2021). Yale Law Journal

Abstract:

By Ed Boltz, 15 April, 2021

Bankr. M.D.N.C.: Bivens v. NewRez- Misapplication of Payments by Mortgage Servicer

Summary:

By Ed Boltz, 15 April, 2021

Law Review: Jonah R. Hall, A Creditor’s Kerfuffle: How the SBRA Harms Creditors in Small Business Cases, 25 N.C. BANKING INST. 595 (2020)

Summary:

By Ed Boltz, 13 April, 2021

N.C. Ct. of App.: Pangea Capital v. Lakian- Property Must be Residence for Homestead Exemption

Summary:

By Ed Boltz, 13 April, 2021

W.D.N.C: Carter v. Capital One- Complying with IRS Levy is not Debt Collection

Summary:

Ms. Carter brought suit against her bank, Capital One, for complying with an IRS levy by taking $1,279.41 from her account, arguing that Capital One had violated the FDCPA. Finding that "an obligation to pay that 'arises solely by operation of law' is not a debt covered by the FDCPA" the district court dismissed the case.

Commentary:

By Ed Boltz, 12 April, 2021

Law Review: Jackson, Howell Edmunds and Mark, Colin, May the Executive Branch Forgive Student Loan Debt Without Further Congressional Action? (April 5, 2021).

Abstract:

By Ed Boltz, 8 April, 2021

Law Review: Daniel, Josiah M. III- “Listserv Lawyering”: Definition and Exploration of Its Utility in Representation of Consumer Debtors in Bankruptcy and in Law Practice Generally, 11 St. Mary's Journal on Legal Malpractice & Ethics 54 (2021).

Abstract:

By Ed Boltz, 5 April, 2021

Law Review Note: Sheinfeld, David, Bankruptcy & the Underwater Home: A Case for Real Property Redemption, 10 Mich. Bus. & Entrepreneurial L. Rev. 85 (2020).

Abstract:

By Ed Boltz, 2 April, 2021

4th Cir.: Old Republic v. Shulman Rogers- Mutual Mistake in Deed of Trust

Summary:

Heinz and Susan Georg refinanced their home, which was owned by them as tenants by the entireties, with First Horizon. Only Mr. Georg was, however, listed as a borrower on the mortgage note and, more consequentially, as a grantor on the Deed of Trust. Old Republic, believing that both Georgs signed the Deed of Trust, issued title insurance to First Horizon.

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