North Carolina Business Litigation Report

Tomlin v. Dylan Mortgage, Inc., 2002 NCBC 1 (N.C. Super. Ct. Feb. 1, 2001)(Tennille)

This was a putative class action of sub-prime mortgage borrowers seeking recovery for what they claimed were illegal and excessive fees under North Carolina usury law. The Court certified the class after a thorough analysis of the nature of the claims, the adequacy of the proposed class representatives and their counsel, and making a specific finding as to numerosity. The Court also assessed whether class action treatment was the superior method for adjudication of the claims.

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Mack Sperling
Brooks Pierce, LLP
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