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.

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Mack Sperling
Brooks Pierce, LLP
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