Will Esser

Photo of Will Esser

Will Esser focuses his practice primarily on commercial litigation, bankruptcy and creditors’ rights, foreclosures, loan workouts and loan sales. He has successfully represented lenders, loan servicers, landlords, municipal governments, creditors’ committees, receivers and investment companies in federal and state court lawsuits, bankruptcies, arbitrations and restructurings.

Mr. Esser is certified by the NCDRC as a Superior Court mediator. He also serves as a co-chair of Parker Poe’s Financial Services Litigation Team, head of Parker Poe’s North Carolina foreclosure practice and chair of the firm’s Pro Bono Committee.

Mr. Esser is admitted to the United States Supreme Court, the United States Courts of Appeal for the Fourth, Tenth and Eleventh Circuits, as well as the federal district and bankruptcy courts for the Eastern, Middle and Western Districts of North Carolina and the Middle District of Florida.

Prior to joining Parker Poe, Mr. Esser served as a law clerk for the Honorable Paul J. Kelly on the United States Court of Appeals for the Tenth Circuit.

Latest Articles

The current good economy (going on almost 10 years now) has meant that North Carolina appellate decisions affecting lenders trying to collect defaulted debt have been few and far between in the last couple of years. The North Carolina Court of Appeals changed that with its March 26 decision in Gray v. Fannie Mae, an opinion that lenders will cheer for making clear that collateral estoppel applies to non-judicial foreclosure orders. …
When a lienholder starts a foreclosure, it usually is focused on getting money into its pocket. Yet a recent opinion from the North Carolina Court of Appeals (In re: Ackah – Sept. 5, 2017) should provide a warning to all lienholders – make sure you get proper service in the foreclosure or you may end up with significant money going out of your pocket instead. And if you have an email address for the property…
Here we are nearing the end of another U.S. Supreme Court term, and it has been a busy one in the creditors’ rights arena – and a particularly good one for debt buyers. Yesterday (June 12, 2017), the Supreme Court issued its second Fair Debt Collection Practices Act (FDCPA) decision of the term: Henson v. Santander Consumer USA Inc. (See our previous blog post about this case after the Fourth Circuit ruled on it in…
Readers of my case alerts may remember a July 2015 alert about the troubling North Carolina Court of Appeals decision in United Community Bank v. Wolfe, which made it a lot harder for lenders to obtain a post-foreclosure deficiency judgment. (For a refresher, you can read that old case alert here.) Well, the wheels of justice have slowly turned and on May 5, 2017 (almost two years after the Court of Appeals’ ruling), the…
Late December is a time of family, mistletoe and “presents under the tree.” It’s not usually the time when minds switch to the specifics of foreclosure procedure. Yet just before they retired for their Christmas break, the justices of the North Carolina Supreme Court dropped off a December 21, 2016 holiday present called In re Lucks which radically changes foreclosure procedure in North Carolina as we know it. Was it a timely present, a lump…
N.C. Gen. Stat. § 45-36.6(b) provides that if a secured party erroneously records a release or satisfaction of a security instrument, then the secured party can file a document of rescission that will effectively rescind the release or satisfaction and reinstate the erroneously released instrument. The Court of Appeals of North Carolina recently issued an opinion outlining which mistakes will permit the filing of a document of rescission. Facts In 1999, husband and wife borrowers…
May is usually a busy month on the Supreme Court before the justices head off for some summer R&R. It is historically a time when many opinions are issued, and May 2016 has been no exception. Financial services companies should cheer two opinions issued by the  Supreme Court yesterday (May 16, 2016) –  Husky International Electronics, Inc. v. Ritz and Spokeo, Inc. v. Robins. Husky and Non-Dischargeability of Fraudulent Transfers Husky was an electronics company…
It was a busy week in the fabled halls of justice last week as judges undoubtedly worked to get out a few more opinions before Easter break. Two opinions, one from the Supreme Court and one from the Fourth Circuit Court of Appeals, were particularly noteworthy. So carry on, dear reader, and find out the latest on ECOA and the FDCPA. ECOA and the Supreme Court As readers of my updates will recall, it has…
On Friday, December 18, 2015, the North Carolina Supreme Court issued an opinion affirming the dismissal of a lender, and its appraiser, from a lawsuit alleging breach of fiduciary duty, fraud, violation of North Carolina’s Mortgage Lending Act, and other causes of action. Arnesen, et al. v. Rivers Edge Golf Club & Plantation, Inc., et al. The case arises out of several developments located on North Carolina’s coast, in which individuals purchased undeveloped lots prior…
Fall is football time. And as every football fan knows, not every player on the line of scrimmage is an eligible receiver. Imagine how dramatically it would change the game if the entire offensive line were eligible to catch forward passes. Well, on Friday (9/25/15), the NC Supreme Court made a change which is every bit as dramatic and signals a brave new world for lenders seeking to recover on post-foreclosure deficiencies. In High Point…