1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 638 S.E.2d
  5. 638 S.E.2d 203 (2006)
 

SKINNER v. PREFERRED CREDIT

No. 525A05.

638 S.E.2d 203 (2006)

Garry Lee SKINNER, and wife, Judy Cooper Skinner, individually and on behalf of other similarly situated individuals v. PREFERRED CREDIT, a/k/a Preferred Credit Corporation, a/k/a Preferred Mortgage Company, a/k/a T.A.R. Preferred Mortgage Corporation; US Bank N.A.; US Bank NA, ND; Imperial Credit Industries, Inc.; ICIFC Secured Assets Corporation 1997-1; Mortgage Pass-Through Certificates, Series 1997-1; ICIFC Secured Assets Corporation Mortgage Pass-Through Certificates, Series 1997-2; ICIFC Secured Assets Corporation Mortgage Pass-Through Certificates, Series 1997-3; Empire Funding Home Loan Owner Trust 1998-1; Credit Suisse First Boston Mortgage Securities Corporation; CS First Boston Mortgage Securities Corporation Preferred Mortgage Asset-Backed Certificates, Series 1996-2; Credit Suisse First Boston Mortgage Securities Corporation Preferred Credit Asset-Backed Certificates, Series 1997-1; Bankers Trust Company; GMAC-Residential Funding Corporation; Life Bank; Life Financial Home Loan Owner Trust 1997-3; United Mortgage C.B., LLC; Banc One Financial Services; IMH Assets Corp. Collateralized Asset-Backed Bonds Series 1999-1; and Wilmington Trust Company.

Supreme Court of North Carolina.

December 20, 2006.

Attorney(s) appearing for the Case

Shipman & Wright, LLP, by Gary K. Shipman and William G. Wright, Wilmington, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice, PLLC, by Hada V. Haulsee and Bradley R. Johnson, Winston-Salem, for defendant-appellees Preferred Credit Trust 1997-1 and Deutsche Bank Trust Company Americas.

Christopher G. Browning, Jr., Solicitor General, and Gary R. Govert, Special Deputy Attorney General, Raleigh, for Attorney General Roy Cooper, amicus curiae.

Center for Responsible Lending, by Seth P. Rosebrock, Durham, for Center for Responsible Lending, North Carolina Justice Center, Legal Services of Southern Piedmont, Inc., Pisgah Legal Services, Legal Aid Society of Northwest North Carolina, and Financial Protection Law Center, amici curiae.

Paul H. Stock, Greensboro, Counsel for North Carolina Bankers Association, amicus curiae.

NEWBY, Justice.

The issues on appeal are: (1) whether the trial court may exercise personal jurisdiction over a nonresident trust which holds notes secured by deeds of trust on North Carolina real property; and (2) when the statutes of limitations begin to run for an action alleging a usurious loan origination fee and a violation of the Unfair and Deceptive Trade Practices Act ("UDTPA"). Based on the specific facts of this loan agreement and the relationship of the...

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