As used in this Article, the following definitions apply:
(1) Home loan. - A loan secured by real property located in this State used, or intended to be used, by an individual borrower or individual borrowers in this State as a dwelling, regardless of whether the loan is used to purchase the property or refinance the prior purchase of the property or whether the proceeds of the loan are used for personal, family, or business purposes.
(2) Servicer. - A "servicer" as defined in the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(i). A licensed attorney, who in the practice of law or performing as a trustee, accepts payments related to a loan closing, default, foreclosure, or settlement of a dispute or legal claim related to a loan, shall not be considered a servicer for the purposes of this Article. (2007-351, s. 5.)
Notes of Decisions
Bryant v. Wells Fargo Bank, Nat'l Ass'n, 861 F. Supp. 2d 646 (E.D.N.C. 2012).
· cites it 5× “” N.C. Gen. Stat. § 45-90 (2). Accordingly, the Brock and Shapiro Defendants are not subject to liability under § 45-90 et seq.”
Johnson v. Bac Home Loans Servicing, LP, 867 F. Supp. 2d 766 (E.D.N.C. 2011).
· cites it 2× “The remaining counts recite the following state law claims: breach of contract (Count II), breach of implied duty of good faith (Count III), breach of fiduciary duty (Count TV), and violations of the North Carolina Mortgage Debt Collection and Servicing Act, N.C. Gen.Stat. §…”
Weber v. Specialized Loan Servicing, LLC (E.D.N.C. 2022).
· cites it 6× “““UDTPA”), and North Carolina Mortgage Debt Collection and Servicing Act, N.C. Gen. Stat. §§ 45-90 et seq. (“MDCSA”), and alleging common law breach of contract [D.”
Vitale v. Nationstar Mortg. LLC (E.D.N.C. 2019).
· cites it 3× “§ 2605 (i)(2)}+(3); N.C. Gen. Stat. § 45-90 (2). The MDCSA governs activities including accessing fees, processing payments, publishing statements, handling escrow funds, and responding to borrowers’ requests for information.”
Brown v. Lakeview Loan Servicing, LLC (W.D.N.C. 2020).
· cites it 2× “§ 45-90 et seq. Indeed, North Carolina’s Mortgage Debt Collection and Servicing Act (“NCMDCSA”) explicitly regulates mortgage loan servicers “regardless of whether the loan [being serviced] is considered in default or the borrower is in bankruptcy.”
Custer v. Dovenmuehle Mortg. Inc (M.D.N.C. 2024).
· cites it 2× “Next, DMI contends that the Mortgage Debt Collection and Servicing Act (“MDCSA”), N.C. Gen. Stat. §§ 45-90 to 45-95, supersedes the NCDCA as to mortgage servicers and sub-servicers like DMI.”
Custer (M.D.N.C. 2025).
· cites it 2× “He points out that the North Carolina Mortgage Debt Collection and Servicing Act (“MDCSA”), N.C. Gen. Stat. §§ 45-90 to 45-95, requires that any fee incurred by a servicer be “[e]xplained clearly and conspicuously in a statement mailed to the borrower at the borrower’s last…”
— N.C. Gen. Stat. § 45-90(2) — 1 case
Brown v. Lakeview Loan Servicing, LLC (W.D.N.C. 2020).
“§ 45-90 et seq. Indeed, North Carolina’s Mortgage Debt Collection and Servicing Act (“NCMDCSA”) explicitly regulates mortgage loan servicers “regardless of whether the loan [being serviced] is considered in default or the borrower is in bankruptcy.”
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