Richard Prosser

Richard Prosser

Poyner Spruill LLP

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NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more

7/28/2015 - Appeals Creditors Creditors' Rights Debtors Deceased Deed of Trust Final Judgment Foreclosure Injunctive Relief Legal Description Reformation Secured Creditors Subject Matter Jurisdiction Wells Fargo

N.C. Supreme Court Reverses Court of Appeals and Upholds 20-Year Construction Warranty

Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The...more

1/15/2015 - Appeals Express Warranty Manufacturers Property Owners Statute of Repose Warranties

Eighth Circuit Finds Guarantors Not Afforded Protections under the Equal Credit Opportunity Act

The application of the Equal Credit Opportunity Act (ECOA) to spousal guaranties is a developing area of law, resulting in a number of recent appellate opinions. One opinion from the Eighth Circuit Court of Appeals, Hawkins...more

11/11/2014 - Appeals ECOA Guarantors Regulation B

Fourth Circuit Reestablishes Subcontractors’ Right to Perfect Liens After Bankruptcy Filing

The Fourth Circuit Court of Appeals recently ruled in the case of In re Construction Supervision Services that the property interest underlying a subcontractor’s lien on funds arises from the date it first furnishes labor or...more

6/19/2014 - Commercial Bankruptcy Construction Liens Contractors Liens Subcontractors

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