• NC Law Update: Enforcement of a Lost Note in North Carolina

    written by Associate Attorneys, Archie Sumpter & Devin Chidester   Enforcing a lost note is a common problem that creditors face. In a recent North Carolina opinion, Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Associates, LLC, 790 S.E.2d 721 (2016), the North Carolina Court of Appeals analyzed the lost note issue as it applies in North […]

  • In re Clayton – Case Opinion

    In a recent decision, North Carolina Court of Appeals held that an individual is not a surviving borrower under a deed of trust if that individual was not obligated on the underlying promissory note. In re Clayton, 802 S.E.2d 920 (2017).

  • The Lucks Case & NC Foreclosure Law – 1 Year Later

    At the end of 2016, the Supreme Court of North Carolina sent a pragmatically powerful message regarding North Carolina Chapter 45 power of sale foreclosures: the contract is in control. Consequently, the opinion, In re Lucks, 369 N.C. 222, 794 S.E.2d 501 (2016), simplified legislatively created procedures for power of sale foreclosures while also limiting the potential for protracted litigation.

  • Brock & Scott featured in SC Lawyer Magazine

    Jason Branham, SC Partner, co-authored an article that is published in the November issue of SC Lawyer Magazine. The article is entitled “Walk the Line: The North Carolina-South Carolina Boundary Clarification” and describes the impact that clarifying and re-establishing the shared state border has on properties located along it.

  • Illinois Court Rules on Collection Costs and FDCPA Impact

    The Northern District of Illinois provides a decision for those collecting on contingency based fees with previous conflicting case law on this issue. For our clients, the decision also emphasizes the standing of the contract underlying the balance owed.

  • Update on North Carolina Case Law

    On December 21, 2016, the Supreme Court of North Carolina held the principle of res judicata does not apply to a non-judicial foreclosure. See In Re Lucks, 369 N.C. 222, 794 S.E.2d 501 (2016).  The Court reached this conclusion through review of the scope of allowable evidence and applicability of the North Carolina Rules of Civil Procedure in a non-judicial foreclosure. 


     Written by Senior Associate Shaib Y. Rios   Previously, and presumably in effort to dispose of the excessive number of foreclosure cases in Florida, some judges became more relaxed on the Florida Rules of Evidence at trial than they would have been in other cases.  As the foreclosure volume has become more manageable, however, and cases […]

  • North Carolina HB 770 Update

    On August 30, 2017, the North Carolina Legislature passed into law S.L. 2017-206. This law amends several provisions of the North Carolina General Statutes, specifically N.C.G.S. 45-10.