In re Foreclosure of Vogler Realty, Inc. In a foreclosure under a power of sale, the clerk of superior court must “audit” a trustee’s account of the distribution of the proceeds of the sale; however, if a trustee hired and paid an attorney out of the proceeds of the sale, the clerk does not have the authority to review the distribution of attorney’s fees for reasonableness.
Orban v. Wilkie After merging with a South Carolina bank, defendant TD Bank, N.A. became the owner of plaintiffs’ note and deed of trust by operation of South Carolina law; furthermore, TD Bank was not required to obtain a certificate of authority from the N.C. Secretary of State prior to conducting a foreclosure in North Carolina.
We affirm the trial court’s denial of plaintiffs’ motion to enjoin the foreclosure sale.
Williamson v. Long Leaf Pine, LLC The petitioners’ motion for summary judgment in a boundary dispute was properly granted since the affidavit prepared by the respondents’ expert is not substantial evidence that would persuade a person of reasonable mind to accept that the boundary line was improperly located.
Crispin v. BAC Home Loans Servicing, LP The complaint alleges that, in response to plaintiff’s qualified written request, defendant Bank of America (BofA) identified Natalie Mendez as someone who could help him, but Ms. Mendez told plaintiff she had neither the information nor the authority to help him. If plaintiff’s allegation is true and BofA responded to the qualified written request insufficiently, plaintiff has stated a claim under the Real Estate Settlement Procedures Act.
Defendants’ motion to dismiss is denied.
Morgan v. Cadieu Plaintiff’s Aug. 31, 1999 deed to the defendant-buyers mistakenly conveyed all of his 6.95-acre tract on Remount Road in Mecklenburg County when all parties intended for plaintiff to retain a parcel on which billboards had been erected. At plaintiff’s request, both his attorney and his real estate agent reviewed the deed before plaintiff signed it, and plaintiff received a copy at closing; however, plaintiff did not file this action to reform the deed until March 10, 2010.
In Re: Foreclosure of Yopp The trial court properly authorized the petitioner bank’s substitute trustee to proceed with a foreclosure sale of certain real property as permitted by the deed of trust since it was the “holder” of the note based on the merger between it and another bank.
High Rock Lake Partners, LLC v. N.C. Department of Transportation The superior court’s judgment affirming the decision of the DOT Driveway Permit Appeals Committee was proper since G.S. § 136-18(29) does not address improvements away from a driveway connection.
Watkins v. SunTrust Mtge. Inc. A lender did not violate the Truth in Lending Act when it used a form similar to “Model Form H-8” instead of “Model Form H-9” to notify a borrower refinancing a home mortgage of his right to rescind the transaction, and the 4th Circuit upholds the district court’s dismissal of the defaulting borrower’s TILA claim.
Miller v. Russell The parties’ option contract required the plaintiff-purchasers to notify the defendant-sellers of the purchasers’ intent to exercise their option to buy two tracts of land from the sellers “by hand delivery or written notice by certified or registered mail, return receipt requested and the sum of $1000 as earnest money to sellers at [defense counsel’s law firm address].”
Simpson v. Raymer The parties’ “Mortgage Agreement” provided, “Grantee may not sell or convey to another entity until full payment has been made to the grantor or grantor’s estate.” The plain and unambiguous meaning of the words “sell” or “convey” is the transfer of full ownership – as in both legal and equitable title – to a piece of property.
