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RL REGI NORTH CAROLINA v. LIGHTHOUSE COVE

No. 427PA13.

762 S.E.2d 188 (2014)

RL REGI NORTH CAROLINA, LLC v. LIGHTHOUSE COVE, LLC; Lighthouse Cove Development Corp., Inc.; Glen C. Stygar; John R. Lancaster; Leticia S. Lancaster; Lionel L. Yow; and Connie S. Yow.

Supreme Court of North Carolina.

August 20, 2014.

Attorney(s) appearing for the Case

Nelson Mullins Riley & Scarborough, LLP, Raleigh, by Christopher J. Blake and Joseph S. Dowdy , for plaintiff-appellant.

Stubbs & Perdue, P.A., Raleigh, by Matthew W. Buckmiller , for defendant-appellee Connie S. Yow.

Ward and Smith, P.A., New Bern, by Jason T. Strickland and Matthew A. Cordell , for North Carolina Bankers Association, Inc., amicus curiae.

NEWBY, Justice.

In this case we consider the effect of a waiver on claims arising from a guarantor-lender relationship, including claims under the federal Equal Credit Opportunity Act ("ECOA"). In exchange for a lender's willingness to restructure loans after default, a guarantor may waive prospective claims against the lender. Because we hold that defendant waived any potential claims, including those under the ECOA, we...

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