Court of Appeals Confirms Lack of Jurisdiction to Grant Injunctive Relief in Foreclosure

​The Court of Appeals has issued another opinion in the long line of borrower foreclosure appeals defeated by subject matter jurisdiction.  In In re Foster (No. COA14-108) issued on February 17, the Court affirmed the trial court’s ruling that a bor ...[Read more]

Published: 2/27/2015 | 0  Comments | 0  Links to this post

Court of Appeals Changes Course on Fair Market Value Defense in Deficiency Actions

​In BB&T v. Smith et al. (COA14-554) issued on February 17, the Court of Appeals held that the so-called “fair market value defense” in lender deficiency actions applies not only to owner-obligors, but also to guarantors.  This opinion represent ...[Read more]

Published: 2/18/2015 | 0  Comments | 0  Links to this post

Read The Fine Print

​Read The Fine Print The wife executed a durable Power of Attorney appointing her husband as attorney in fact.  The Power of Attorney contained a restriction which stated that the powers “shall not be exercised until a physician has certified that ...[Read more]

Published: 2/11/2015 | 0  Comments | 0  Links to this post

Lessons from Recent NC Court of Appeals Opinions

​The release of opinions by the NC Court of Appeals on February 3 included several cases involving lender foreclosure or collection efforts.   The holdings are not monumental, but there is a common thread of useful illustrations of relevant rules or ...[Read more]

Published: 2/11/2015 | 0  Comments | 0  Links to this post

Reciprocal Attorneys’ Fees Provisions Enforceable in N.C. Business Contracts

​Under the so-called "American rule", the general rule in the United States is that each side pays its own way in civil cases. This is in contrast to other countries where the losing party is required to pay the prevailing party’s attorney ...[Read more]

Published: 2/11/2015 | 0  Comments | 0  Links to this post

Deductions Defined for Above-Median Income Debtors in the Eastern District of North Carolina

​In a recent decision in In re Harris, EDNC 14-04458, the United States Bankruptcy Court for the Eastern District of North Carolina clarified what deductions debtors may take when calculating their Disposable Monthly Income on form B22C.  In a depar ...[Read more]

Published: 2/5/2015 | 0  Comments | 0  Links to this post