Tag Archives: Promissory Note

Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence (access required)

Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s ruling that defendants waived their right to a jury trial in matters related to the promissory notes and other loan documents. We reverse the trial court’s ruling that defendants’ counterclaims are encompassed by the waiver.

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Contract – Consumer Protection – FDCPA — Promissory Note – Personal Loan (access required)

Smith v. EVB A district court erred in granting summary judgment to a lender on a borrower’s suit for violation of the Fair Debt Collection Practices Act, on the ground that a debt was commercial, not personal; the 4th Circuit vacates the summary judgment order and the court’s award of over $22,000 under the FDCPA against an attorney who was acting pro se.

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