John T. Benjamin, Jr.

John T. Benjamin, Jr.: Attorney with The Law Office of John T. Benjamin, Jr., P.A.

Biography

Graduated from Boston University Law School in 1991;

Graduated from Bucknell University with a Bachelor of Arts in 1988. Licensed by the State of North Carolina in March of 1992; Admitted to Practice in all Federal Courts in North Carolina; Admitted to Practice in the Fourth Circuit Court of Appeals. Member of the North Carolina State Bar Association, Member of the Wake County Bar Association, Member of the American Bar Association; Member of the Litigation Section of the American Bar Association.

Areas of Concentration: Civil Litigation, Risk Assessment, Claims Avoidance, Bank Litigation, Construction Law and Contracts. Mr. Benjamin has handled numerous lawsuits on behalf of banks and servicers in both State and Federal court. Trials in all courts and tribunals and appellate work.

Mr. Benjamin was selected to the Legal Elite in the area of Construction Litigation in 2003; January 2004, Business North Carolina . The other lawyers in the state selected John T. Benjamin, Jr. as one of the Legal Elite in the specialty of Litigation in 2007, 2013, 2014, 2015, 2016; January 2008, Business North Carolina ; January 2014, Business North Carolina;. January 2015, Business North Carolina; January 2016, Business North Carolina; January 2017 Business North Carolina. Mr. Benjamin was honored as one of the top lawyers in North Carolina in Legal Leaders North Carolina’s Top Rated Lawyers of 2013, published by the American Lawyer, Corporate Counsel, The Wall Street Journal, the National Law Journal and Law.com. Mr. Benjamin’s firm was selected as one of the 2014, 2015, 2016, 2017 and 2018 Tier 2 or Tier 3 Best Law firms in North Carolina by US News World Report and Best Lawyers. January 2015, Business North Carolina. The other lawyers in the state selected John T. Benjamin, Jr. as one of the Best Lawyers in the area of Construction Litigation in 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019. The Best Lawyers in America 2013, 2014, 2015, 2016, 2017, 2018 and 2019 . Mr. Benjamin was selected as one of the Top Attorneys of North America in Commercial Litigation. Top Attorneys of North America 2016. The Law Office of John T. Benjamin, Jr., P.A. was selected as AI’s Most Innovative Law Firm of 2016 in the USA. Pinnacle Professional in North Carolina. Mr. Benjamin was selected to be on the 2017 and 2018 North Carolina Super Lawyers list in the area of Civil Defense. Super Lawyers Magazine , February 2017 and February 2018. Mr. Benjamin was selected as one of America’s Top 100 Attorneys in North Carolina for Lifetime Achievement. America’s Top 100, LLC.

Mr. Benjamin has also received the highest Martindale rating available to practitioners in North Carolina of AV by the other lawyers in the state. Mr. Benjamin has given a talk at the University of North Carolina Law School on bank litigation with an emphasis on defenses available to banks under the applicable foreclosure statutes, usury and RESPA laws. He has also provided multiple training seminars to clients on risk avoidance and on ways to minimize litigation moving forward.

Areas of Practice (7)

  • Civil Litigation
  • Construction Law
  • Contracts
  • Business Law
  • Banking Litigation
  • Commercial Litigation
  • Creditors Rights

Education & Credentials

Contact Information:
919-999-2594  Phone
919-755-0069  Fax
www.lawjtb.com
University Attended:
Bucknell University, B.A., 1988
Law School Attended:
Boston University, J.D., 1991
Year of First Admission:
1992
Admission:
U.S. Court of Appeals, Fourth Circuit; 1992, North Carolina and U.S. District Court, Eastern, Middle and Western Districts of North Carolina
Memberships:
Wake County Bar Association; North Carolina State Bar; American Bar Association (Member, Litigation Section).
Birth Information:
New York, N.Y., January 19, 1966
Reported Cases:
Lewis v. Estate of Lewis, 137 N.C. App. 112 (2000); North Carolina Farm Partnership et al. v. Pig Improvement Company 163 N.C. App. 318, 593 S.E.2d 126 (2004); Coastal Caissan v. Kline Iron & Steel, 02-1319 (August 5, 2003) (unpublished); Brown v. Centex Homes, 615 S.E.2d 86, (N.C. App. July 19, 2005); Appel v. Food Lion, L.L.C., 608 S.E.2d 415 (Table) 2005 WL 351148 (N.C. App.; Feb. 15, 2005, No. COA04-423) (unpublished); Food Lion, LLC v. Finazzle Corp. U.S.A., 2008 Slip Copy, WL 851359, (Table, Text in WESTLAW), Unpublished Disposition, N.C.App., April 01, 2008 (NO COA07-1029); Dalenko v. Collier 664 S.E.2d 425, N.C. App., August 05, 2008 (Rehearing denied by Supreme Court) 362 N.C. 680, 670 S.E.2d 563, N.C., December 11, 2008; Grafton v. Washington Mutual Bank et al., NO. COA08-1035, (July 7, 2009). Cantey v. LaSalle Bank National Association, et al., NO. COA09-1187 (March 20, 2010); In Re Gilbert, COA10-361.; Appeals:

We handle and have handled Appeals in all jurisdictions. The firm handles cases in the North Carolina Court of Appeals and the North Carolina Supreme Court. The Firm was involved in one case that went up to the Iowa Supreme Court. The firm has appeared in front of the Securities and Exchange Commission in Washington D.C. on an appeal.

The firm has handled each of the following cases in the Court of Appeals:

In Re: Bies – P15-791 – Attorney: Benjamin, John

Regions Bank v. Bank of America, N.A., - P14-934Docket #: 2-P2014-0934-001 - Attorney: Benjamin, John

U.S. National Bank Assoc. v Dye - P14-848Docket #: 2-P2014-0848-001 - Attorney: Benjamin, John

Ervin, et al v Benjamin, Jr., et al - P13-360 - Attorney: Benjamin, John

Washington Mutual Bank, et al v Webb, et al - P12-417 - Attorney: Benjamin, John
In Re: Ida Imbimbo - P12-289 - Attorney: Benjamin, John
In Re: Joseph D. Reid, II - P12-91 - Attorney: Benjamin, John
In Re: McCleary - P12-10 - Attorney: Benjamin, John
McCleary v Deutsche Bank National Company as Trustee, et al - P10-579 - Attorney: Benjamin, John
In re: Brown, et al - P09-798 - Attorney: Benjamin, John
Johnson v Brock & Scott PLLC, etal - P09-498 - Attorney: Benjamin, John
Dalenko v Peden General Contractors - P08-396 - Attorney: Benjamin, John
In Re: Albert A. Corbett - P05-1005 - Attorney: Benjamin, John
Brown v Centex Homes - P04-663 - Attorney: Benjamin, John
N.C. Farm Partnership v PIG Improvement - P02-813 - Attorney: Benjamin, John
Dollar v Town of Cary - P01-740 - Attorney: Benjamin, John
In Re: Smith – 17-874 – Attorney: Benjamin, John
In Re: Smith – 17-483 – Attorney: Benjamin, John
In Re: Iannucci – 16-738 – Attorney: Benjamin, John
Estes v. Wells Fargo Bank, N.A. – 16-657 – Attorney: Benjamin, John
Wells Fargo Bank, N.A. v. Ryan – 16-201 – Attorney: Benjamin, John
In Re: Bies – 15-1340 – Attorney: Benjamin, John
In Re: Ballard – 15-475 – Attorney: Benjamin, John
In Re: Gutowski – 14-881 – Attorney: Benjamin, John
In Re: Gibbs – 13-1396 – Attorney: Benjamin, John

In Re: Terpak - 13-1205 - Attorney: Benjamin, John

Wells Fargo Bank, N.A. v Hundley - 13-1038 - Attorney: Benjamin, John
In The Matter Of: McLean - 13-513 - Attorney: Benjamin, John
Friedman v Bank of America, N.A., et al - 13-483 - Attorney: Benjamin, John
In The Matter Of: Webb - 13-324 - Attorney: Benjamin, John
In Re: Foreclosure of Young - 12-1224 - Attorney: Benjamin, John
In Re: Foreclosure of Connard - 12-1166 - Attorney: Benjamin, John
In Re: Foreclosure of Raynor - 12-1116 - Attorney: Benjamin, John
Foreclosure of: Perry - 12-944 - Attorney: Benjamin, John
In Re: Foreclosure of Armstrong - 12-800 - Attorney: Benjamin, John
Johnson v Bank of America, N.A., et al - 12-562 - Attorney: Benjamin, John
McCleary v Deutsche Bank National Company - 11-437 - Attorney: Benjamin, John
In Re: McCleary - 11-304 - Attorney: Benjamin, John
In Re: Earhart - 10-1592 - Attorney: Benjamin, John
Estate of Conroy v Wells Fargo Bank, N.A., et al - 10-452 - Attorney: Benjamin, John
In The Matter Of The Foreclosure: Gilbert - 10-361 - Attorney: Benjamin, John
In Re: Foreclosure of Cantey - 09-1187 - Attorney: Benjamin, John
Johnson v Brock & Scott, PLLC, et al - 09-1005 - Attorney: Benjamin, John
Grafton v Washington Mutual Bank - 08-1035 - Attorney: Benjamin, John
Cypress Capital v Firestone - 08-459 - Attorney: Benjamin, John
Dalenko v Collier - 07-1404 - Attorney: Benjamin, John
Food Lion, LLC v Finazzle Corporation - 07-1029 - Attorney: Benjamin, John
In The Matter of Foreclosure: Webb - 06-1515 - Attorney: Benjamin, John
Allred v First Bank National Assoc'n - 06-617 - Attorney: Benjamin, John
Brown, et al v Centex Homes, et al - 04-1180 - Attorney: Benjamin, John
Appel v Food Lion, L.L.C. - 04-423 - Attorney: Benjamin, John
NC Farm Partnership v Pig Improvement - 03-328 - Attorney: Benjamin, John
Coastal Caisson v Kline Iron and Steel - 02-1319 - Attorney: Benjamin, John
Dollar v Town of Cary - 01-1412 - Attorney: Benjamin, John
Mitchell v Mitchell & Marino - 99-1115 - Attorney: Benjamin, John
Lewis v Estate of Lewis, et al - 99-551 - Attorney: Benjamin, John
Leader Constr. v New Hanover Cty, et al - 94-1218 - Attorney: Benjamin, John
J.W. Cook & Sons, v Hill, et al - 93-1176 - Attorney: Benjamin, John
United Carolina v Trask, et al - 93-710 - Attorney: Benjamin, John

Quality Built Homes Inc.& Stafford Land Co. v Town of Carthage –315PA15 – Attorney: Benjamin, John

We have also been successful in getting multiple appeals dismissed at the trial court level and the appellate level.

These are the Court of Appeals matters that the firm had dismissed:

In re Cantey, 700 S.E.2d 747, N.C., 2010; Estate of John F. Conroy, III v. Wells Fargo Bank, N.A., et al., COA10-452; In re Earhart, COA10-1592; In re McCleary, COA11-304; McCleary v. Deutsche Bank National Company, et al, COA11-437; In Re Armstrong, COA12-800.

ISLN:
901095471
Payment Information:
  • Free Initial Consultation
  • Fixed Hourly Rates

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

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Disclaimer

Raleigh, North Carolina

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