North Carolina Business Litigation Report

Tomlin v. Dylan Mortgage, Inc., 2000 NCBC 9 (N.C. Super. Ct. June 12, 2000)(Tennille)

A mortgage broker has a fiduciary duty to his client. Plaintiffs' claims that they were charged excessive fees survived a motion to dismiss, as the Court could not determine whether various charges were interest, so as to be usurious, or permissible "finance charges." The Court deferred dermining whether purchasers of mortgage loans were holders in due course, and held that they were potentially liable as assignees under the Home Ownership Equity Protection Act.

Full Opinion

Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

1600 Wachovia Capitol Center
150 Fayetteville Street
Raleigh, NC 27601