In re Proposed Foreclosure against Zheng After the trial court determined that the respondents’ homeowners’ association failed to give respondents proper notice of the foreclosure on respondents’ property, the trial court could set aside the sale of respondents’ property to the appellant-purchaser according to the interpretation of G.S. § 1-108 set out in Town of Cary v. Stallings, 97 N.C. App. 484, 389 S.E.2d 143 (1990).
We affirm the order of the trial court deeming the foreclosure deed void and setting it aside.
Wells Fargo Bank, N.A. v. Arlington Hills of Mint Hill, LLC Although the defendant-guarantor was liable on the underlying debt and held a property interest in the mortgaged property, since he was not the “mortgagor, trustor or other maker” of the obligation, he is not eligible for the offset defense set out in G.S. § 45-21.36.
Wells Fargo Bank, N.A. v. Arlington Hills of Mint Hill, LLC Although the defendant-guarantor was liable on the underlying debt and held a property interest in the mortgaged property, since he was not the “mortgagor, trustor or other maker” of the obligation, he is not eligible for the offset defense set out in G.S. § 45-21.36.
In re Foreclosure of Bass Even though it does not identify the individual making the transfer, a stamp transferring the homeowner’s deed of trust from Mortgage Lenders to Emax Financial Group constitutes a signature within the meaning of the Uniform Commercial Code.
Pohlman v. Magen’s Bay Homeowners Association, Inc. Even if this case is governed by Article XI of defendant’s bylaws, by § 55A-16-01 of the Nonprofit Corporation Act, and by § 47F-3-118 of the Planned Community Act, plaintiffs have failed to show that defendant should be estopped from imposing fines based on deficiencies in recordkeeping.
Falk v. Fannie Mae Where G.S. § 45-36.24(b) was enacted after plaintiff recorded its deed of trust, and where application of the statute would cause plaintiff’s lien to expire, the statute is unconstitutional as applied in this case.
Inland Harbor Homeowners Association, Inc. v. St. Josephs Marina, LLC : Even though plaintiff showed that it mistakenly conveyed 0.28 acres that it did not intend to convey to defendant, plaintiff failed to show that defendant shared in plaintiff’s mistake; therefore, plaintiff failed to make out a case for reformation of the deed on the basis of mutual mistake.
White v. Northwest Property Group-Hendersonville #1, LLC A connector road running alongside plaintiffs’ property was dedicated to the City of Hendersonville when a developer recorded a plat showing the road’s right-of-way.
Noohi v. Toll Bros. Inc. A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are seeking return of their deposit on a luxury home after they were unable to obtain mortgage financing from multiple lenders.
Haughton v. HSBC Banks USA, N.A. The complaint challenges (1) whether there was a valid debt of which the party seeking to foreclose was the holder and (2) whether there was a right to foreclose under the instrument; however, plaintiff’s failure to timely appeal from the order of sale entered in the special proceeding rendered those findings of fact by the clerk of court conclusive.
