Constance L. Young

One Wachovia Center

301 S. College Street, Suite 2300

Charlotte, NC 28202

Direct: 704.342.5259

Fax: 704.342.5264

clyoung@poynerspruill.com

 

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Areas of Practice

Financial Institution Litigation, Workouts, Debtor/Creditor Law

Education

J.D., University of Tulsa (With Honors), 1988

B.A., Oklahoma State University, 1983

Profile

Financial Institution Litigation:

  • Connie routinely represents lenders who are sued on lender liability claims including breach of fiduciary duty, fraud, negligent misrepresentation, anti-tying violations and unfair and deceptive trade practices. She also represents financial institutions in litigation relating to Article 3 issues such as check fraud, forged endorsements and forged signatures.

Debtor/Creditor Law:

  • Connie represents various financial institutions in complex business workouts and in complex Chapter 11 bankruptcy proceedings, including the negotiation and documentation of forbearance agreements and sales of debt instruments. These complex workouts have included a workout of a securitized transaction involving assisted living facilities, workout of a physicians practice, retail stores, manufacturing facility, hotel and warehouse facilities. She also represents purchasers of assets or businesses from bankrupt debtors. Connie also routinely represents all types of creditors in suits on notes, leases, guaranties or other financial instruments including claim and delivery proceedings, attachments, garnishments, state court receiverships.

Representative Litigation Experience

Pre-Fab v. BB&T (U.S. District Court, District of South Carolina). 

  • Counsel for BB&T in lender liability suit alleging anti-tying violation and unfair and deceptive trade practices, civil conspiracy, breach of fiduciary duty.

Drag v. SouthTrust Bank and SouthTrust Securities, Inc. (U.S. District Court, Western District of North Carolina). 

 

  • Counsel for SouthTrust Bank, N.A. and SouthTrust Securities, Inc. in suit alleging claims of anti-tying violations, securities fraud, unfair and deceptive trade practices, breach of fiduciary duty and other lender liability claims.

Centura Bank v. Rodney Atkinson (Superior Court of Mecklenburg County, North Carolina).

  • Counsel for RBC Centura Bank in suit where defendant raised counterclaims alleging breach of fiduciary duty, unfair and deceptive trade practices, among other lender liability type claims.

Blue Star Camps, Inc. v. Wachovia Bank, N.A. (Superior Court of Henderson County, North Carolina). 

  • Counsel for Wachovia Bank in suit alleging breach of fiduciary duty and negligent misrepresentation.

G.E. Capital Mortgage Services, Inc. v. Neely, 135 N.C. App. 187, 519 S.E.2d 553 (1999). 

  • Counsel for G.E. Capital in a case where G.E. had inadvertently marked a deed of trust cancelled and returned the deed of trust to the borrower. Obtained a ruling from the trial court, which was upheld on appeal, that inadvertent cancellation of an instrument by a lender did not discharge the underlying debt.

U.S. Bank, N.A., et al. v. Homestead Lodge Limited Partnership No. 1 (Superior Court of Mecklenburg County, North Carolina). 

  • Represented loan servicer (Criiimi Mae) of a securitized loan secured by hotel property in which we obtained the appointment of a receiver.

Representative Chapter 11 Experience

In re Robbins Oil, Case No. 02-40887 (Western District of North Carolina). 

  • Represented RBC Centura and obtained dismissal of Chapter 11 case.

In re Perry M. Alexander Construction Co., Case No. 01-10624 (Western District of North Carolina). 

  • Represented RBC Centura in Parry Alexander’s Chapters 11 and 7 and owner’s Chapter 7.

In re the Palisades at West Paces, Inc., Case No. 03-63381, (Northern District of Georgia). 

  • Represented RBC Centura in bankruptcy involving $30,000,000 condominiumized medical building in Atlanta, Georgia. Obtained negotiated order lifting the stay and sold note and mortgage prior to completion of foreclosure sale.

In re Florita Nova, Inc., Case No. 02-30116 (Western District of North Carolina). 

  • Represented RBC Centura in liquidation of business through Chapter 11 proceeding with specially appointed liquidating agent.

Professional Activities

North Carolina Bar Association

Oklahoma State Bar

Mecklenburg County Bar

Jurisdictions Licensed

North Carolina, Georgia, Oklahoma, United States Courts of Appeals for the Fourth and Tenth Circuits, United States Supreme Court