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statute of limitations

By Ed Boltz, 13 December, 2021

N.C. Ct. of Appeals: Pedlow v. Kornegay- Statute of Limitations for Notes Signed Under Seal Supersedes UCC

Summary:

By Ed Boltz, 11 December, 2021

Bankr. M.D.N.C.: In re Skwara- Disallowance of Private Student Loans due to Statute of Limitations

Summary:

By Ed Boltz, 3 September, 2020

4th Circuit: Bender v. Elmore & Throop, P.C. - Statute of Limitations for FDCPA Claims run from each violation

Summary:

By Ed Boltz, 26 December, 2018

Law Review: Zacks, Eric and Zacks, Dustin- No Brakes: Loan Acceleration and Diminishing Foreclosure Defenses 18 Wake Forest Journal of Business and Intellectual Property Law 389 (2018)

Abstract:  

By Ed Boltz, 9 January, 2018

N.C. Business Court: Bass v. NC Dept. of Revenue- Statute of Limitations for Tax Refund

Summary: Mr. Bass filed his 2012 federal tax return electronically, but unintentionally failed to file his state return. In July 2016, the North Carolina Department of Revenue (“NCDOR”) sent Mr. Bass a Notice of Intent to Assess for Failure to File North Carolina Return (“the Notice”) and then Mr. Bass filed his 2012 return on August 4, 2016, contending a refund was due. The NCDOR denied the refund, as the return was beyond the 3-year statute of limitations. Mr.
By Ed Boltz, 27 August, 2017

4th Circuit: Rusnack v. Cardinal Bank, N.A.- Recoupment and Statutes of Limitation

Summary: Mr. Rusnack and his then-wife, opened a home equity line of credit (HELOC) with Cardinal Bank in August 2003. Between 2003 and 2006, the Rusnacks periodically drew on the HELOC using checks issued by Cardinal Bank. On June 22, 2006, shortly after the Rusnacks separated, Mr. Rusnack directed Cardinal Bank in writing to freeze further advances from the HELOC and Cardinal Bank acknowledge such freeze. Despite this, Cardinal Bank honored two checks each in the amount of $10,000 from Ms. Rusnack on July 26, 2006, and September 12, 2006.
By Ed Boltz, 22 August, 2017

N.C. S.Ct.: Christenbury Eye Center, P.A. v. Medflow Inc.- Date from which Statute of Limitations Runs

Summary: In an unfulfilled business agreement, over a period of fourteen (14) years, Medflow, Inc. never made any royalty payments, never provided a written sales reports ,and never obtained consent for restricted sales. When Christenbury Eye Center, P.A. brought suit for such, the trial court dismissed the case as the various claims were stale under the applicable Statutes of Limitations.
By Ed Boltz, 10 August, 2017

W.D.N.C.: Garvey v. Seterus - FDCPA Demand for Verification Limited to Statutory Requirements; Statute of Limitations for FDCPA

Summary: Leaving aside the multiple foreclosure proceedings and subsequent appeals, Mr. Garvey eventually filed a short-lived, pro se Chapter 13 bankruptcy. Attorneys for Seterus filed a Notice of Appearance and Objection to Confirmation. Mr. Garvey then sent a demand to the attorneys, as debt collectors, pursuant to 15 U.S.C.
By Ed Boltz, 11 December, 2016

N.C. Ct. of Appeal: KB Aircraft v. Jack Berry- Period to seek Commence Voidable Transfer Action Determined as of Transfer Date not Discovery; Statute of Repose

  Summary: While factually complicated, this case presents two issues of first impression under North Carolina law, first regarding the interpretation of the term “transfer” the North Carolina Uniform Voidable Transactions Act, N.C.G.S.
By Ed Boltz, 3 February, 2015

N.C. Court of Appeals: Wells Fargo v. Coleman- Statute of Limitations for Reformation of Deed of Trust is a Factual Determination; Reasonable Diligence not required for Mutual Mistake

Summary: The Colemans own lots 42, 43, 44, and 45 of a subdivision, with their home located on lots 42 and 43 and lots 44 and 45 being undeveloped. In 2007, Mr. Coleman borrowed $137,567.00 from (now) Wells Fargo, secured by a Deed of Trust signed by the couple.

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