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The North Carolina Supreme Court has delivered a decisive ruling, dismissing claims brought against Bank of America NA by homeowners who alleged fraud in a mortgage modification program. The court found that the homeowners initiated legal action too late, stating they knew or should have known about the purported fraud when their homes faced foreclosure - a span of four to seven years before filing their lawsuit.

BofA Mortgage Lawsuit Late  : Lawsuit Background

In 2018, a group of homeowners lodged a lawsuit, alleging that Bank of America wrongly denied them status under the federal Home Affordable Modification Program (HAMP) between 2009 and 2014. Their contention was that the bank's actions led to wrongful denials, exacerbating financial hardships.

Statute of Limitations Argument

The crux of the homeowners' argument rested on the statute of limitations, seeking to toll North Carolina's three-year limit concerning the bank's alleged violations. They claimed unawareness of the fraud until engaging legal representation years after their HAMP issues surfaced. However, the state Supreme Court emphasized that the statute's application is objective, tied to when a reasonable person should have discovered the fraud.

BofA Mortgage Lawsuit Late  : Court's Ruling

In a majority opinion, Chief Justice Paul Martin Newby underscored that the statute of limitations commenced when the homeowners lost their homes, as they were then aware of the pertinent facts regarding their interactions with Bank of America during the HAMP application process. The court concurred that the homeowners' frustrations during the application process should have prompted further investigation, rejecting claims of ignorance until legal consultation.

Dissenting Opinion

Justice Allison Riggs dissented, contending that foreclosure alone does not trigger fraud claims under the discovery rule. She argued against equating the arduous HAMP application process with evidence of fraud, highlighting the imbalance in investigatory burdens between citizens and sophisticated financial entities.

BofA Mortgage Lawsuit Late  : Implications

This ruling signifies a setback for homeowners seeking redress against alleged misconduct by financial institutions. The decision underscores the criticality of timeliness in legal actions and sets a precedent regarding the discovery of fraud in similar contexts.

Response and Representation

Bank of America declined to comment, while counsel for the homeowners did not immediately respond to requests for comment.

Homeowners are represented by William C. Robinson, Dorothy M. Gooding, Samantha Katen, Chelsie Warner, Caitlyn Miller, and Robert Orr.

Bank of America is represented by Bradley R. Kutrow, Dylan M. Bensinger, Keith Levenberg, and James W. McGarry.

BofA Mortgage Lawsuit Late  : Conclusion

The North Carolina Supreme Court's ruling emphasizes the importance of timely legal action and navigates complex considerations surrounding the discovery of fraud in financial dealings, impacting future litigation in similar domains.