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Real Property – Mortgages – Loan Modification & Foreclosure – Civil Practice – Stay
Plaintiff’s claims arise out of defendants’ alleged offering of a loan modification while defendants, without giving further notice to plaintiff, continued to pursue a foreclosure action. Although plaintiff’s claims involve important state interests, since plaintiff seeks only monetary damages, the court cannot dismiss plaintiff’s claims under Younger v. Harris, 401 U.S. 37 (1971). Instead[...]
Real Property – Mortgages – Foreclosure – Civil Practice – Jury Trial Demand – Clerk’s Referral
South Carolina Community Bank v. Salon Proz, LLC (Lawyers Weekly No. 011-028-17, 7 pp.) (Stephanie McDonald, J.) Appealed from Richland County (Joseph Strickland, Master-in-Equity) S.C. App. Holding: Although Rule 53(b), SCRCP, says that, in a foreclosure action, “some or all of the causes of action … may be referred to a master … by order […]
Banks & Banking – Mortgages – RESPA – Loss Mitigation Procedures – Only One Required
Mangum v. First Reliance Bank (Lawyers Weekly No. 002-093-17, 13 pp.) (R. Bryan Harwell, J.) 4:16-cv-02214; D.S.C. Holding: Even if, during a loan mitigation procedure, a loan servicer repeatedly asked plaintiff for documents she had already provided, since plaintiff had already successfully obtained loan mitigation from a previous loan servicer, the subsequent loan servicer did […]
Real Property – Mortgages – Consumer Protection – Attorneys – Preference Form – Prepopulated
Mosley v. Quicken Loans, Inc. (Lawyers Weekly No. 002-124-16, 10 pp.) (J. Michelle Childs, J.) 1:16-cv-00384; D.S.C. Holding: It is hard to imagine how the defendant-lender could have ascertained the plaintiff-borrower’s preference for an attorney if defendant essentially told plaintiff what his preference was by providing him with an already completed form. The court denies […]
Real Property – Mortgages – Attorney’s Fee Award – State-Court Action – No Default
In re Marks (Lawyers Weekly No. 003-013-16, 19 pp.) (John Waites, J.) 11-02619; B.S.C. Holding: Even though the debtor never defaulted on her mortgage, she is liable for the attorneys’ fees and costs that the noteholder incurred when it intervened in a state-court action in which the debtor unsuccessfully sought to have the note and […]
Tort/Negligence – Interference with Prospective Contract – Real Property – Mortgages – Banks & Banking
First South Bank v. South Causeway, LLC (Lawyers Weekly No. 011-099-15, 15 pp.) (Stephanie McDonald, J.) Appealed from Georgetown County Circuit Court (Thomas Russo, J.) S.C. App. Holding: After a banker disclosed facts about the defendant-borrower’s loan to the borrower’s real estate agent, the agent raised the minimum auction prices on the borrower’s mortgaged land; […]
Bankruptcy – Reaffirmation – Real Property – Mortgages – Ride-Through
In re Hill (Lawyers Weekly No. 003-014-15, 5 pp.) (Helen Burris, J.) 15-02606; B.S.C. Holding: Where the debtors are current on their mortgage and were current at the time they filed their petition, reaffirmation is not necessary for the retention of the property and voluntary repayment of the debt. Therefore, the court cannot find that […]
Real Property — Mortgages – Banks & Banking – Credit Line Cancellation
Regions Bank v. Strawn (Lawyers Weekly No. 010-091-15, 7 pp.) (Donald Beatty, J.) (John Kittredge, J., concurring in the result only without separate opinion) Appealed from Anderson County Circuit Court (R. Lawton McIntosh, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Open-end mortgages – like the line of credit […]
SCOTUS clarifies rules for rescinding mortgages
A unanimous Supreme Court ruled Tuesday that home buyers don't need to file a lawsuit, but may simply write a letter if they want to back out of a mortgage because they claim their lender violated the federal Truth in Lending Act.
Bankruptcy – Attorneys’ Fees – Banks & Banking – Real Property – Mortgages – Proof of Claim
In re Lighty (Lawyers Weekly No. 003-008-14, 17 pp.) (David Duncan, Ch. J.) 14-00922; B.S.C. Holding: Since the debtors’ mortgages allow the lenders, upon default, to protect the lenders’ interest in the mortgaged property by, among other things, paying reasonable attorneys’ fees to secure their position in bankruptcy proceedings, the payment of such attorneys’ fees […]
Bankruptcy – Real Property – Mortgages – Priority – Attorneys – Closing without Counsel
Crop Production Services, Inc. v. SCBT, N.A. (Lawyers Weekly No. 002-101-14, 14 pp.) (J. Michelle Childs, J.) 5:13-cv-02841; D.S.C. Holding: The wording of a 2008 mortgage, executed by the debtor and his wife, put others – including plaintiff – on constructive notice that the debt being secured included a 2007 note executed by the debtor […]
Arbitration – Motion to Compel – Waiver – Real Property – Mortgages — Commercial Foreclosure
Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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