Shepard v. Ocwen Federal Bank, FSB

BRADY, Justice.

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 barred.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs Wayne Shepard and Rosemary Sanders Shepard obtained a second mortgage…