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Home / Opinion Digests / Most Important Opinions / Real Property – Mortgages – Lien Priority – G.S. § 45-36.24(b) – Unconstitutional as Applied – Impairment of Contracts (access required)

Real Property – Mortgages – Lien Priority – G.S. § 45-36.24(b) – Unconstitutional as Applied – Impairment of Contracts (access required)

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.

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