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By Ed Boltz, 3 December, 2021

4th Circuit: Dress v. Capitol One- Interest Accrues on Credit Card unless Balance Paid in Full Monthly

Summary:

By Ed Boltz, 19 March, 2021

W.D.N.C.: Manos v. Freedom Mortgage- Credit Reporting of Late Mortgage Payment

Summary:

The online payment website for Freedom Mortgage will not accept payments made after 11:00 p.m., in order to allow its cash department to process payments received that day. If a borrower attempts to pay after 11:00 p.m., an error message pops up and the borrower is required to postdate the payment to the next day.

By Ed Boltz, 5 August, 2014

N.C. Ct. of App.: Fazzari v. Infinity Partners- No Negligent Underwriting Cause of Action for Purchase of Real Estate

Summary: Plaintiffs brought suit against, among other, lenders that had financed mortgage loans for the development of investment properties, alleging that the appraisals conducted, which unanimously and uniformly valued real property lots, regardless of specific qualities or locations, for $500,000, the exact minimum to support the mortgage lender’s underwriting requirements, constituted both negligent underwriting and also an unfair trade practice. Following shortly after the Dallaire opinion from the North Carolina Supreme Court (see:
By Ed Boltz, 5 May, 2014

E.D.N.C.: Owens v. Dixie Motors- FCRA, Improperly Obtaining Credit Report; Emotional Distress; Direct and Vicarious Liability; Pre-emption

Summary: Nina Owens purchased an automobile from Dixie Motors in 2007, providing information including her home address, date of birth, social security number, phone number, insurance agent, insurance company, employment information, monthly mortgage payment. Ashley Owens, the daughter of Nina Owens, considered purchasing a vehicle from Dixie Motors in 2011, supplying similar credit information and personal identifiers.
By Ed Boltz, 1 May, 2014

Bankr. E.D.N.C.: In re Black- UDTPA Claims not Pre-empted by 11 U.S.C. § 362

Summary: Black’s Chapter 13 plan provided for the mortgage to Chase to be paid as a conduit, through the Trustee. The Motion for Confirmation filed by the Trustee, however, inadvertently provided for direct payment of the mortgage by Black, without reduction of the plan payment. This disconnect lead to the completion of the Chapter 13 plan on November 29, 2012, only four months after confirmation.
By Ed Boltz, 24 April, 2014

M.D.N.C.: Dillon v. BMO Harris Bank, N.A.- Internet Payday Lenders not required parties to action; Claims against facilitators of Internet Payday Loans

Summary: Dillon, a North Carolina resident, obtained five loans over the internet from lenders based offshore or on Indian reservations (ā€œinternet lendersā€) with interest rates ranging from 139% to over 700% and, in some cases, thousands of dollars in finance charges. Mr. Dillon asserted that these loans violated North Carolina’s usury statute and various other state laws.
By Ed Boltz, 27 March, 2014

N.C. Ct. of Appeal: Petri v. Bank of America- Res Judicata and Collateral Estoppel from Foreclosure Proceeding

Summary: Petri originally had a mortgage with Luxury Mortgage Corp., but subsequently Bank of America (ā€œBOAā€) commenced foreclosure proceedings. Appealing the order allowing foreclosure, Petri argued that BOA was not the true holder of the note authorized to foreclose.
UDTPA

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