Category Archives: Collections / Special Assets

In an unpublished opinion released today, a unanimous panel of the North Carolina Court of Appeals in Hometrust Bank v. Tsiros (COA14-267) reversed  Summary Judgment against local lender in an appeal of a deficiency action argued before the Court by … Continue reading

Posted in Appeal, Collections / Special Assets |

The legislature recently cleaned up a longstanding issue in the North Carolina Planned Community Act when it passed HB 330 (text).  This act, which is awaiting the Governor’s signature, clarifies issues involving successor declarants. . When the Legislature enacted the … Continue reading

Posted in Collections / Special Assets, Community Association, New Laws |

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, carries several implications for banking and collections law in North Carolina. . Bankers will be interested in the bulk of the Dallaire opinion, which … Continue reading

Posted in Appeal, Collections / Special Assets, Creditors in Bankruptcy, Real Property, Special Assets Collection |

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, sounds a warning for consumers. . After filing a Chapter 7 bankruptcy, the borrowers in Dallaire were convinced to refinance their first and second mortgages … Continue reading

Posted in Collections / Special Assets, Real Property |

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, affirms that Chapter 7 bankruptcy proceedings will not discharge liens on property. This is of particular interest to associations. The court suggests that while … Continue reading

Posted in Appeal, Collections / Special Assets, Community Association |