About John T. Benjamin, Jr.

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, 2018, 2019, 2021 and 2022; 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, January 2019 Business North Carolina, January 2020 Business North Carolina; January 2023 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 and 2019, published by the American Lawyer, Corporate Counsel, The Wall Street Journal, the National Law Journal and Law.com. The Law Office of John T. Benjamin, Jr., P.A. was selected as one of the 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2024 Tier 2 or Tier 3 Best Law firms in North Carolina by US News World Report and Best Lawyers. 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, 2019, 2020, 2021, 2022, 2023 and 2024. The Best Lawyers in America 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024. 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, 2018, 2019, 2020, 2021, 2022, and 2023 North Carolina Super Lawyers list in the area of Civil Defense. Super Lawyers Magazine, January 2018, January 2019, January 2020, January 2021, January 2022, January 2023 and January 2204. Mr. Benjamin was selected as one of America’s Top 100 Attorneys in North Carolina for Lifetime Achievement; America’s Top 100 Civil Defense Litigators in 2018 and 2019. America’s Top 100, LLC 2018 and 2019; America’s Top 100 Bet-The-Company Litigators in 2019 and 2020. America’s Top 100, LLC 2019, 2020. America’s Top 100 High Stakes Litigators in 2020. America’s Top 100, LLC 2020. Mr. Benjamin was selected as a winner of a Legal Award for Finance Monthly Legal Awards for 2019, Finance Monthly. Mr. Benjamin was selected as a winner of a Finance Monthly Global Award for 2019, Finance Monthly. Mr. Benjamin was selected to be one of America’s Most Honored Lawyers for 2020. The American Registry. Mr. Benjamin was selected as a 2022 Elite Lawyer of the South; The National Law Journal 2022.

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.

 

Awards

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Services

Areas of Law

  • Litigation 1
    • Civil Litigation
  • Construction Law
  • Contracts
  • Business Law
  • Commercial Litigation
  • Debtor and Creditor 1
    • Creditors Rights
  • Other 1
    • Banking Litigation

Practice Details

  • Payment Information
    Payment & Cost Features
    Free initial consultation
    Fixed hourly rates
  • Firm Information
    Position
    Attorney
    Firm Name
    The Law Office of John T. Benjamin, Jr., P.A.
  • Representative Cases & Transactions
    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 h
    le
    have h
    led Appeals in all jurisdictions. The firm h
    les cases in the North Carolina Court of Appeals
    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
    Exchange Commission in Washington D.C. on an appeal.

    The firm has h
    led 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
    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 L
    Co. v Town of Carthage –315PA15 – Attorney: Benjamin, John

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

  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    1992, North Carolina
    U.S. Court of Appeals, Fourth Circuit
    1992, 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).
  • Education & Certifications
    Law School
    Boston University
    Class of 1991
    J.D.
    Other Education
    Bucknell University
    Class of 1988
    B.A.
  • Personal Details & History
    Age
    Born in 1966
    New York, N.Y., January 19, 1966

Contact John T. Benjamin, Jr.

Attorney at The Law Office of John T. Benjamin, Jr., P.A.
5.0
1 review

1115 Hillsborough StreetRaleigh, NC 27603U.S.A.

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Fax: 919-755-0069
Office Hours:
  • Monday 08:00 AM - 06:00 PM
  • Tuesday 08:00 AM - 06:00 PM
  • Wednesday 08:00 AM - 06:00 PM
  • Thursday 08:00 AM - 06:00 PM
  • Friday 08:00 AM - 06:00 PM
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Attorneys FAQs

  • Is this attorney admitted to practice in any U.S. Federal Courts?
    John T. Benjamin, Jr. is admitted to practice before the United States Court of Appeals for the Fourth Circuit.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, John T. Benjamin, Jr. has a 5.0 Peer Rating from Martindale-Hubbell.
  • What law school did this attorney attend?
    John T. Benjamin, Jr. attended Boston University.
  • Does this attorney maintain any other responsibilities in the firm outside of legal work?
    John T. Benjamin, Jr. is the Managing Partner of the firm.
  • What year was this attorney's law firm established?
    The Law Office of John T. Benjamin, Jr., P.A. was established in 1994.