(a) For purposes of this Article, the following definitions apply:
(1) Loan. - An agreement to advance money or property in return for the promise to make payments therefor, whether the agreement is styled as a loan, credit card, line of credit, lease, or otherwise.
(2) Loan broker. - Any person, firm, or corporation that, in return for any consideration from any person, promises to do any of the following:
a. Procure for the person, or assist the person in procuring, a loan from any third party.
b. Consider whether or not it will make a loan to the person. This sub-subdivision does not apply to a lender whose loans or advances to any person in North Carolina aggregate more than one million dollars ($1,000,000) in the preceding calendar year.
(b) This Article does not apply to any of the following:
(1) A party approved as a mortgagee by the Secretary of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, a National Mortgage Association, or any federal agency.
(2) A party currently designated and compensated by a North Carolina licensed insurance company as its agent to service loans it makes in this State.
(3) An insurance company registered with and licensed by the North Carolina Insurance Commissioner.
(4) With respect to a residential mortgage loan, a mortgage lender or mortgage broker licensed pursuant to Article 19B of Chapter 53 of the General Statutes or exempt from licensure pursuant to G.S. 53-244.040(d).
(5) An attorney-at-law, public accountant, or dealer registered under the North Carolina Securities Act, acting in the professional capacity for which the attorney-at-law, public accountant, or dealer is registered or licensed under the laws of North Carolina. (1979, c. 705, s. 1; 1981, c. 785, s. 1; 1993, c. 339, s. 2; 2001-393, s. 4; 2008-228, s. 17; 2021-93, s. 14.)
Notes of Decisions
Goleta Nat'l Bank v. Lingerfelt, 211 F. Supp. 2d 711 (E.D.N.C. 2002).
· cites it 4× “, the North Carolina Loan Broker Act, N.C.Gen.Stat. § 66-106, et seq., and the North Carolina Unfair and Decep-five Trade Practices Act, N.”
Johnson v. Wornom, 606 S.E.2d 372 (N.C. Ct. App. 2005).
· cites it 10× “” N.C. Gen. Stat. § 66-106 (2003). A loan broker is required to provide a disclosure statement ( N.”
Sed Holding, LLC v. 3 Star Props., LLC, 784 S.E.2d 627 (N.C. Ct. App. 2016).
· cites it 2× “2d at 417 (citing N.C. Gen. Stat § 66-106(2) ). A sale is "[t]he transfer of property or title for a price.”
L. C. Williams Oil Co. v. NAFCO Capital Corp., 502 S.E.2d 415 (N.C. Ct. App. 1998).
· cites it 5× “N.C.G.S. § 66-106(2) (Cum. Supp. 1997). Black’s Law Dictionary defines a “consumer loan” as one which is made or extended to a natural person for family, household, personal or agricultural purposes and generally governed by truth-in-lending statutes and regulations.”
Cmty. State Bank v. Knox, 850 F. Supp. 2d 586 (M.D.N.C. 2012).
· cites it 4× “The Knox Complaint also alleges that the Knox Defendants, even if they are not the “true lenders,” have violated the North Carolina Broker Statute, N.C. Gen.Stat. § 66-106 et seq. (2007), by failing to provide specified disclosure statements to prospective borrowers, obtain a…”
Zander v. Greater Emmanuel Pentecostal Temple of Durham, 606 S.E.2d 459 (N.C. Ct. App. 2005).
· cites it 6× “Plaintiff next argues that the court erred in granting summary judgment to defendants and awarding defendants treble damages under N.C. Gen. Stat. § 66-106 (2002), which governs loan brokers, as he contends the statute does not apply.”
New York Ex Rel. Vacco v. Fin. Servs. Network, USA, 930 F. Supp. 865 (W.D.N.Y. 1996).
· cites it 2× “1 and North Carolina Loan Broker Act, N.C.G.S. § 66-106 et seq(2) froze defendants’ assets; and (3) directed defendants to allow plaintiffs access to defendants’ business premises, to provide plaintiffs with a completed financial statement, and to identify all bank accounts.”
Wilson Heights Church of God v. Autry, 379 S.E.2d 691 (N.C. Ct. App. 1989).
“00 commission paid to Carr due to his alleged violations under G.S. 66-106 through 66-109. This remedy is allowed under G.”
— N.C. Gen. Stat. § 66-106(2) — 2 cases
L. C. Williams Oil Co. v. NAFCO Capital Corp., 502 S.E.2d 415 (N.C. Ct. App. 1998).
“N.C.G.S. § 66-106(2) (Cum. Supp. 1997). Black’s Law Dictionary defines a “consumer loan” as one which is made or extended to a natural person for family, household, personal or agricultural purposes and generally governed by truth-in-lending statutes and regulations.”
— N.C. Gen. Stat. § 66-106(a)(1) — 1 case
— N.C. Gen. Stat. § 66-106(a)(1)(ii) — 1 case
— N.C. Gen. Stat. § 66-106(a)(2) — 1 case
— N.C. Gen. Stat. § 66-106(b) — 1 case
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