24-2.1. Transactions governed by Chapter.
(a) For purposes of this Chapter, any extension of credit shall be deemed to have been made in this State, and therefore subject to the provisions of this Chapter if the lender offers or agrees in this State to lend to a borrower who is a resident of this State, or if such borrower accepts or makes the offer in this State to borrow, regardless of the situs of the contract as specified therein.
(b) Any solicitation or communication to lend, oral or written, originating outside of this State, but forwarded to and received in this State by a borrower who is a resident of this State, shall be deemed to be an offer or agreement to lend in this State.
(c) Any solicitation or communication to borrow, oral or written, originating within this State, from a borrower who is a resident of this State, but forwarded to, and received by a lender outside of this State, shall be deemed to be an acceptance or offer to borrow in this State.
(d) Any oral or written offer, acceptance, solicitation or communication to lend or borrow, made in this State to, or received in this State from, a borrower who is not a resident of this State shall be subject to the provisions of this Chapter, applicable federal law, law of the situs of the contract, or law of the residence of any such borrower as the parties may elect.
(e) Any person who acquires a right by contract or by assignment to receive payments under a loan made in this State to an individual or individuals who is a resident of this State at the time of the loan and who benefits from the laws of this State by having the loan secured by real property located in this State is deemed to have consented to the courts of this State having jurisdiction over such person for any claim under this Chapter and for any claim related to the loan instrument.
(f) The provisions of this section shall be severable and if any phrase, clause, sentence or provision is declared to be invalid, the validity of the remainder of this section shall not be affected thereby.
(g) It is the paramount public policy of North Carolina to protect North Carolina resident borrowers through the application of North Carolina interest laws. Any provision of this section which acts to interfere in the attainment of that public policy shall be of no effect. (1979, c. 706, s. 3; 1983, c. 126, s. 11; 2007-351, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - General Provisions.
§ 24-1 - Legal rate is eight percent.
§ 24-1.1 - Contract rates and fees.
§ 24-1.1A - Contract rates on home loans secured by first mortgages or first deeds of trust.
§ 24-1.1E - Restrictions and limitations on high-cost home loans.
§ 24-1.1F - Rate spread home loans.
§ 24-1.2A - Equity lines of credit.
§ 24-1.4 - Interest rates for savings and loan associations.
§ 24-2 - Penalty for usury; corporate bonds may be sold below par.
§ 24-2.1 - Transactions governed by Chapter.
§ 24-2.2 - Interest on extensions of credit by banks and savings and loan associations; exceptions.
§ 24-2.3 - State opt-out from federal preemption.
§ 24-2.5 - Mortgage bankers and mortgage brokers.
§ 24-3 - Time from which interest runs.
§ 24-4 - Obligations due guardians to bear compound interest; rate of interest.
§ 24-5 - Interest on judgments.
§ 24-7 - Interest from verdict to judgment added as costs.
§ 24-8 - Loans not in excess of $300,000; what interest, fees and charges permitted.
§ 24-9 - Loans exempt from rate and fee limitations.
§ 24-9.3 - Economic development loans.
§ 24-10 - Maximum fees on loans secured by real property.
§ 24-10.2 - Consumer protections in certain home loans.
§ 24-11 - Certain revolving credit charges.