Self-Help Ventures Fund v. Custom Finish, LLC

The issue on appeal is whether the SBA’s assignment of the Note conferred on Plaintiff the right to enforce an unassigned guaranty to *751the Note. Because the SBA did not assign the guaranty to the Note back to the Plaintiffs, I would hold that the Plaintiffs may not enforce that guaranty. Accordingly, I dissent.

From the outset, I observe that no North Carolina appellate court has previously had occasion to consider the issue presented in the somewhat more complex context of the federal 504 loan program.1 To better understand the nature of the transactions in this matter, additional background…