In re Foreclosure of Harty (Lawyers Weekly No. 14-16-0698, 20 pp.) (Sanford Steelman Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Unpub. Holding: In violation of the respondent-borrowers’ forbearance agreement with the petitioner-lender, respondents ...Read More »
Eastern Pride, Inc. v. Singh (Lawyers Weekly No. 14-07-0651, 10 pp.) (Chris Dillon, J.) Appealed from Nash County Superior Court (Gary Trawick, J.) N.C. App. Holding: Although restrictive covenants prohibit the operation of another convenience store on the lot next ...Read More »
Real Property – Tort/Negligence – Fraud – Defects – Homeowners’ Disclosure Statement – Inspection Report
Folmar v. Kesiah (Lawyers Weekly No. 14-07-0652, 19 pp.) (Douglas McCullough, J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: The plaintiff-buyers had the house in question inspected, and the inspection report mentioned several issues ...Read More »
Real Property – Gated Community – Declaration of Covenants – Assessments Amendment – Original Purpose – Concessions to Builders – Civil Practice – Necessary Parties
Wallach v. Linville Owners Association, Inc. (Lawyers Weekly No. 14-07-0622, 24 pp.) (Douglas McCullough, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: In order to entice builders to buy lots in its new community, the ...
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Real Property – Zoning – Vested Rights – Constitutional – Administrative Remedies – Civil Rights – Taxation
Swan Beach Corolla, L.L.C. v. County of Currituck (Lawyers Weekly No. 14-07-0621, 25 pp.) (Donna Stroud, J.) Appealed from Currituck County Superior Court (Wayland Sermons, J.) N.C. App. Holding: Plaintiffs have sufficiently alleged vested rights to commercially develop their real ...
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James B. Taylor Ltd. Family Partnership v. Bank of Granite (Lawyers Weekly No. 14-16-0587, 47 pp.) (Linda Stephens, J.) Appealed from Caldwell County Superior Court (H. William Constangy Jr., J.) N.C. App. Unpub. Holding: Plaintiffs’ arguments about the defendant-bank’s treatment ...
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High Rock Lake Partners, LLC v. North Carolina Department of Transportation (Lawyers Weekly No. 14-07-0564, 11 pp.) (Linda McGee, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Holding: Even if the trial court erred in concluding ...
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Real Property – Restrictive Covenants – Request for Documents – Statutory Requirements – Agency – Insufficient Allegations
Scherer v. Steel Creek Property Owners Association (Lawyers Weekly No. 14-04-0548, 24 pp.) (Martin Reidinger, J.) 1:13-cv-00121; W.D.N.C. Holding: An attorney’s letter to a property owners’ association failed to satisfy the requirements for requesting POA documents under G.S. § §§ ...
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Anand v. Ocwen Loan Servicing LLC (Lawyers Weekly No. 14-01-0536, 11 pp.) (Duncan, J.) No. 13-1900, June 6, 2014; USDC at Greenbelt, Md. (Titus, J.) 4th Cir. Holding: Borrowers who defaulted on a mortgage loan cannot pursue a quiet title action under Maryland ...
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