SWINDELL v. FEDERAL NAT. MORTG. ASS'N

No. 70PA90.

409 S.E.2d 892 (1991)

330 N.C. 153

Gary W. SWINDELL and wife, Lillian R. Harris Swindell v. The FEDERAL NATIONAL MORTGAGE ASSOCIATION and Skyline Mortgage Corporation.

Supreme Court of North Carolina.

November 7, 1991.


Attorney(s) appearing for the Case

Gary W. Swindell and Lillian R. Harris Swindell, pro se.

Alexander and Brown by William G. Alexander, Concord, for defendants-appellees.

Margot Saunders, N.C. Legal Services Resources Center, Raleigh, and Mal Maynard, Legal Services of the Lower Cape Fear, Wilmington, for North Carolina Clients Council, amicus curiae.


EXUM, Chief Justice.

The question central to this appeal is how the penalty for usury under N.C.G.S. § 24-2 applies to a late payment charge that exceeds the maximum rate permitted under N.C.G.S. § 24-10(e). We hold the statutory penalty for usury requires defendant to forfeit all late payment charges to which it might otherwise have been entitled under the terms of the loan, but defendant is not required to forfeit the interest due on the loan itself.<...

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