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March 13, 2018 Jeremy Falcone
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals Allows Section 75-1.1 Claim in the Context of a Residential Real Estate Transaction

We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1.  The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters.  Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]

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February 27, 2018
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals extends Section 75-1.1’s Securities Exemption beyond Securities

We have recently examined several cases that explore the contours of two related exemptions to liability under N.C. Gen. Stat. § 75-1.1—the internal business disputes doctrine and the securities exemption. Courts generally exempt both the internal business affairs of a company and their securities transactions from 75-1.1 liability. The underlying […]

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February 13, 2018
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can a Lender’s “Robo-Signing” of a Loan Document be the Basis for an Unfair or Deceptive Trade Practice Claim?

The financial crisis of 2008 and the subsequent wave of mortgage foreclosures brought to light certain lenders’ practices of “Robo-Signing.” Robo-Signing was a term coined to refer to bank employees’ alleged practice of “robotically” signing mortgage loan documents without reviewing them. A recent decision from the Middle District of North […]

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