April 16, 2014

North Carolina Court Dismisses FDCPA and RESPA Claims

By Ebube Okoli

The court in deciding Champion v. Bank of Am., N.A., 2014 U.S. Dist. 78 (E.D.N.C., 2014) dismissed the plaintiff’s FDCPA and RESPA claims. Plaintiff initiated this action asserting claims for violations of the Fair Debt Collection Practices Act (“FDCPA”), the … Continue reading

December 9, 2013

North Carolina Court Dismisses Plaintiff’s Claims of Fraud Against MERS, Bank of America, & Trustee Services of Carolina

By Ebube Okoli

The court in deciding Porterfield v. JP Morgan Chase Bank, Nat’l Ass’n, 2013 U.S. Dist. LEXIS 152318 (E.D.N.C. 2013) dismissed plaintiff’s claims and granted the defendant’s motion to dismiss. Plaintiff asserted the following claims: (1) wrongful foreclosure; (2) fraud; (3) … Continue reading

July 31, 2013

Court Holds That MERS Assignment, in Isolation, Could Not Prove Ownership

By Ebube Okoli

The court deciding In Re Wilhelm (Case No. 06-51747) was faced with the issue of when actual notes prove that the note’s chain of ownership is unclear. In reaching their decision the court found that in such a situation, the … Continue reading

February 19, 2013

Eastern District of North Carolina Requires Homeowners to Allege Ability to Fully Tender Outstanding Balance of Loan to State a Claim for Rescission Under TILA, Dismisses All Other Claims

By Joseph Kelly

In Ward v. Sec. Atl. Mortg. Elec. Registration Sys., Inc., 858 F. Supp. 2d 561 (E.D.N.C. 2012), appeal dismissed (May 30, 2012) the Eastern District of North Carolina granted defendants’ motion to dismiss claims brought against them by borrowers for … Continue reading

February 17, 2013

North Carolina Appellate Court Finds for Home Owners, Concluding Bank Did Not Produce Sufficient Evidence of Assignment

By Joseph Kelly

In In re Adams, 204 N.C. App. 318, 693 S.E.2d 705 (2010) the Court of Appeals of North Carolina overturned the Superior Court and held that the alleged holder (Nationwide), while not required to present the original note and deed, … Continue reading