When can mortgage servicing and related debt-collection activities violate N.C. Gen. Stat. § 75-1.1? Two recent cases provide some answers. PLS Investments v. Ocwen Loan Servicing In PLS Investments, a 75-1.1 claim that attacked foreclosure efforts survived a motion to dismiss. In that case, a homeowner alleged that a mortgage servicer falsely […]
In yesterday’s post, we discussed when a lender’s failure to comply with guidelines under the federal Home Affordable Mortgage Program (HAMP) might violate N.C. Gen. Stat. § 75-1.1 as well. We analyzed a very recent federal decision, Campbell v. CitiMortgage, that refused to dismiss this type of 75-1.1 claim. Several […]
In a recent article, Matt Sawchak explained per se violations of section 75-1.1. When courts recognize a per se violation of section 75-1.1, they are saying that violating a separate source of law—a separate statute, a regulation, or a tort doctrine—automatically violates section 75-1.1 as well. Often, though, courts use […]
Claims under N.C. Gen. Stat. § 75-1.1 can turn up in unexpected places—including a bankruptcy court in Manhattan. Recently, a section 75-1.1 claim made its way from Hyde County, North Carolina, to the Big Apple, courtesy of the bankruptcy proceedings of GMAC Mortgage and its parent, Residential Capital. In re […]