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Civil Practice – Service of Process – Contract – Guaranty – Real Property – Mortgages – Foreclosure – Deficiency Action – Actual Notice (access required)

HomeTrust Bank v. Tsiros (Lawyers Weekly No. 14-16-0824, 15 pp.) (Douglas McCullough, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Unpub. Holding: The plaintiff-bank failed to properly serve defendant-guarantor George Tsiros personally with notice of the ...

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Civil Practice – Federal Jurisdiction – Removal – Landlord/Tenant – Real Property – Mortgages – Foreclosure (access required)

Kennedy v. Federal National Mortgage Association (Lawyers Weekly No. 14-02-0798, 12 pp.) (James Fox, Sr. J.) 4:13-cv-00203; E.D.N.C. Holding: Even though the complaint alleges in passing that the new owner of the plaintiff-tenant’s home did not comply with the Protecting ...

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Civil Practice – Pleadings – Amendment – Tort/Negligence – Sovereign Immunity – Waiver Allegation – Statute of Limitations – Relation Back – Individual Capacity (access required)

Brooks v. Martin (Lawyers Weekly No. 14-16-0776, 13 pp.) (Mark Davis, J.) Appealed from Harnett County Superior Court (Douglas Sasser, J.) N.C. App. Unpub. Holding: Where plaintiff waited until nearly three years after her accident before filing a complaint, and ...

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