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By Ed Boltz, 2 October, 2026

N.C. Ct. of App.: Discover Bank v. Mustafaa: Plead Compulsory Counterclaims Early (and Don't Trust the AI Answer)

Summary:

While Discover Bank v. Mustafaa, No. COA26-284 (N.C. Ct. App. Aug. 5, 2026), is unpublished and not controlling authority, it is still a useful warning for consumer attorneys: counterclaims in a collection suit can be compulsory, and a late attempt to add them can cost the client those claims entirely.

By Ed Boltz, 30 September, 2026

N.C. Ct. App.: Campbell v. TitleMax — Frazier Was Not a One-Off

Summary:

In Campbell v. TitleMax of Virginia, Inc., the North Carolina Court of Appeals has again affirmed arbitration awards in favor of North Carolina consumers who crossed state lines to obtain vehicle title loans from TitleMax.

The decision is unpublished and extremely short. But its significance comes precisely from how little the Court thought needed to be said.

By Ed Boltz, 28 September, 2026

N.C. Ct. of App.: Outer Banks Ventures v. Currituck County: Installment Contracts, Acceleration, and Statutes of Limitation

In Outer Banks Ventures, Inc. v. Currituck County, No. COA25-798 (N.C. Ct. App. June 3, 2026), the North Carolina Court of Appeals held that a contract requiring recurring semiannual payments was not an installment contract for statute-of-limitations purposes. Because the plaintiff knew by 2011 that Currituck County was not making the required payments, its 2023 action was barred by the two-year limitations period in N.C.G.S. § 1-53(1) applicable to this contract claim against a local government.

By Ed Boltz, 19 May, 2026

N.C. Ct. of Appeals: Myers v. Smoky Mountain Country Club Property Owners’ Association — Bankruptcy Confirmation Orders Still Matter, Even When the “Debtor” Is the POA

Summary:

In a pair of unpublished but fascinating decisions, the North Carolina Court of Appeals once again returned to the seemingly never-ending Smoky Mountain Country Club litigation saga, this time reversing a trial court that had attempted to relieve homeowners from paying assessments arising out of a Chapter 11 plan confirmed in the bankruptcy case of the property owners’ association itself.

By Ed Boltz, 18 May, 2026

N.C. Ct. App.: Frazier v. TitleMax of Virginia, Inc. — North Carolina Courts Continue Rejecting TitleMax’s Efforts to Escape Liability Through Arbitration and Choice-of-Law Clauses

Summary:

In a trio of unpublished but significant decisions, the North Carolina Court of Appeals affirmed arbitration awards against TitleMax arising from high-interest cross-border vehicle title loans made to North Carolina residents. The primary decision, Frazier v. TitleMax of Virginia, Inc., was accompanied by the companion cases of Jefferies v. TitleMax of South Carolina, Inc. and Hood v.

By Ed Boltz, 17 April, 2026

N.C. Ct. of App.: Yurk v. Terra Center- Possession may be 9/10ths of the Law, but Holding It Hostage Gets Expensive

Summary:

The Court of Appeals largely affirmed a substantial judgment against a storage operator that:

Took and held a debtor’s property for over three years
Moved it multiple times
Refused return unless the owner signed a liability release

Result:

Conversion, trespass to chattels, and UDTPA → affirmed

By Ed Boltz, 16 April, 2026

N.C. Ct. of App.: Figueroa v. Monsivais: When Dirt Meets Equity: Unrecorded Deals, “Desperate” Sellers, and the Limits of North Carolina’s Race Recording Statute

Summary:

The Figueroa v. Monsivais decision reads like a law school exam question—but with very real consequences for families who paid cash, moved in, and still ended up without title.

The Setup: Cash Paid, Possession Taken—But Nothing Recorded

By Ed Boltz, 2 April, 2026

N.C. Ct. of App.: Israel v. Zachary- Landlord Interference With Tenant’s Property Leads to Conversion Liability (Damages Remanded)

Summary:

In Israel v. Zachary, the North Carolina Court of Appeals affirmed that a landlord who interferes with a tenant’s efforts to retrieve property after eviction can be liable for conversion and unjust enrichment, though the court vacated the damages award for lack of sufficient valuation evidence.

By Ed Boltz, 13 March, 2026

N.C. Ct. of App.: Harris v. McLeod — Equitable Mortgages, Foreclosure Equity, and What Bankruptcy Could Have Done

In Harris v. McLeod (N.C. Ct. App. Feb. 4, 2026) (unpublished), the Court of Appeals reversed summary judgment in a dispute over whether an elderly homeowner’s deed to his nephew was an outright conveyance or merely security for a small tax debt—an equitable mortgage in substance if not in form.

By Ed Boltz, 12 March, 2026

N.C. Ct. of Appeals: Ray v. TitleMax of Virginia- itleMax’s Cross-Border Title Loans Create Personal Jurisdiction in North Carolina

Summary:

In Ray v. TitleMax, the North Carolina Court of Appeals affirmed the denial of a Rule 12(b)(2) motion to dismiss, holding that North Carolina courts may exercise specific personal jurisdiction over out-of-state TitleMax-affiliated lenders who made high-interest title loans to North Carolina residents—even where loan documents were signed across state lines.

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