SHEPARD v. OCWEN FEDERAL BANK, FSB

No. 476A05.

638 S.E.2d 197 (2006)

Wayne SHEPARD and Rosemary Sanders Shepard v. OCWEN FEDERAL BANK, FSB, and Wells Fargo Bank Minnesota, and Donald T. Ritter, in his capacity as Trustee.

Supreme Court of North Carolina.

December 20, 2006.


Attorney(s) appearing for the Case

Hartzell & Whiteman, LLP, by J. Jerome Hartzell, Raleigh, for plaintiff-appellants.

Kellam & Pettit, P.A., by William Walt Pettit, and Kilpatrick Stockton LLP, by Adam H. Charnes, Charlotte, for defendant-appellees.

North Carolina Justice Center, by Carlene McNulty, Raleigh, for North Carolina Justice Center, Legal Aid of North Carolina, Inc., Legal Services of Southern Piedmont, Inc., Pisgah Legal Services, Legal Aid Society of Northwest North Carolina, North Carolina Academy of Trial Lawyers, and Center for Responsible Lending, amici curiae.


BRADY, J.

The issue presented is whether the applicable statutes of limitations bar plaintiffs' causes of action asserting (1) usury law violations under Chapter 24 of the North Carolina General Statutes and (2) unfair and deceptive trade practices, derived from the usury claims, under section 75-1.1. We hold that the statutes of limitations began to run on these claims at the closing of the loan when the fee in dispute was paid, and therefore plaintiff's claims are...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases